A wave of recently enacted state and local labor and employment legislation is reshaping employer compliance obligations as these measures take effect.

A wave of recently enacted state and local labor and employment legislation is reshaping employer compliance obligations as these measures take effect. Spanning traditional issues such as accommodations and wage and hour requirements as well as emerging areas like employee monitoring and data use, these laws reflect legislative responses across the political spectrum and evolving federal enforcement priorities, creating an increasingly complex compliance landscape for employers operating across jurisdictions.

"Enforcement risk in 2026 depends far more on states where an employer operates than on federal baseline rules as to labor and employment laws. More broadly, the patchwork of laws is no longer temporary or easily addressed by a 'one size fits all' strategy."

A. Scott Ruygrok
Principal | Co-Leader, National Compliance and Multi-State Solutions Practice

Issues

State Legislation in Federally Preempted Areas

Expanding State Statutes Run Up Against the NLRB

California and New York have enacted statutes expanding state labor board authority into areas traditionally governed exclusively by the NLRB. Massachusetts is considering similar legislation. However, such legislation creates parallel regulatory frameworks covering private-sector labor relations, an area historically preempted under the NLRA and the U.S. Constitution's...

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