Nebraska employers should be aware of a new state law that expands employee notification requirements in connection with large workforce reductions and business closures. 

Effective July 18, 2026, Legislative Bill 921 requires employers with 100 or more employees to provide advance notice before conducting a covered mass layoff or business closing. Under the new law, affected employees must receive notice at least 90 days prior to the planned employment action. 

• Mass Layoff: A reduction in force (not resulting from a business closing) causing employment loss at a single site during any 30-day period for 100 or more employees (excluding part-time staff) 

  
  

• Business Closing: The permanent or temporary shutdown of a single site of employment that results in an employment loss for 100 or more employees (excluding part-time staff) during any 30-day period.  

  
  

• Aggregation Rule: Layoffs that occur over a 90-day period are aggregated and counted together to determine if the 100-employee threshold has been met, unless the employer can show they resulted from separate and distinct actions. 

Employers operating in Nebraska may now be subject to both federal WARN (60 days) and Nebraska LB 921 (90 days). In practice, the longer state notice period will typically drive the compliance timeline, meaning employers should plan reductions in force with at least a 90-day horizon when both laws apply. 

This requirement is similar in purpose to the federal Worker Adjustment and Retraining Notification (WARN) Act; however, the Nebraska law may apply in different circumstances and establishes a separate state-level notice obligation that must be evaluated in addition to federal WARN requirements.  

Comparison: Nebraska LB 921 vs. Federal WARN Act 

Nebraska WARN’s Notice Content Requirements 

Nebraska WARN requires that notice to affected employees or their representatives and to the Nebraska Department of Labor contain the following information: 

• The name and address of the employment site where the business closing or mass layoff will occur, and the name and telephone number of a company official to contact for further information; 

  
  

• A statement as to whether the planned action is expected to be permanent or temporary and, if the entire business is to be closed, a statement to that effect; 

  
  

• The expected date of the first employment loss and the anticipated schedule for employment losses; 

  
  

• The job titles of positions to be affected and the names of the employees currently holding those jobs. Notices to the Department of Labor must also include the addresses of the affected employees (which the Department must keep confidential); 

Advance planning is critical when workforce reductions are being considered. Employers should review employee counts, assess whether notice requirements are triggered, and coordinate communications with legal counsel and HR professionals to ensure compliance. Failure to provide required notice may expose employers to potential penalties and other liabilities. 

Because workforce reduction decisions often involve multiple compliance considerations—including final pay requirements, benefits continuation, unemployment claims, and employee communications—employers should take a comprehensive approach when planning any large-scale employment action. 

C2 Essentials assists employers with workforce planning, reduction-in-force strategies, termination compliance, final pay obligations, COBRA administration, and state and federal employment law requirements. Clients with employees in Nebraska who are considering layoffs, facility closures, or organizational restructuring should contact their HR Business Partner as early as possible to discuss compliance obligations and develop an appropriate action plan.

Indiana employers should be aware of a new state law that increases enforcement authority related to the employment of individuals who are not authorized to work in the United States. 

Effective July 1, 2026, Indiana’s Senate Enrolled Act 76, also known as the FAIRNESS Act, prohibits employers from intentionally or recklessly recruiting, hiring, or employing workers unauthorized to work in the U.S. The Indiana Attorney General's Office will investigate suspected violations, and employers can face civil fines of up to $10,000 and the suspension or revocation of their business licenses. 

Under Senate Bill 76 (SB 76), the Indiana Attorney General may initiate an enforcement action against an employer when probable cause exists that the employer knowingly or intentionally recruited, hired, or continued to employ an unauthorized noncitizen within the state. The legislation reflects a growing trend among states to take a more active role in enforcing employment eligibility requirements traditionally associated with federal immigration law. 

While federal law has long prohibited employers from knowingly employing individuals who lack authorization to work in the United States, Indiana's new law creates an additional layer of potential state-level enforcement. As a result, employers should ensure that their hiring and onboarding practices are consistently applied and that employment eligibility verification requirements are completed accurately and on time. 

Federal law requires employers to complete Form I-9 for every employee hired in the United States to verify identity and work authorization. Key requirements include:

• Employees must complete Section 1 by their first day of work.  

  
  

• Employers must review original work authorization documents and complete Section 2 within three business days of the employee's start date.  

  
  

• Employers must retain Form I-9 for three years after hire or one year after termination, whichever is later.  

Employers should continue to follow Form I-9 requirements for all new hires and maintain appropriate documentation supporting employment authorization. Organizations should also ensure that managers and hiring personnel understand the importance of complying with employment verification procedures and avoiding  

Practices that could create liability under federal or state law. 

For federal contractors, compliance remains particularly important. Federal contracting regulations require participating employers to utilize the E-Verify system to confirm the employment eligibility of newly hired employees assigned to covered federal contracts. Proper use of E-Verify, combined with timely and accurate completion of Form I-9 requirements, can help reduce compliance risks and demonstrate good-faith efforts to verify work authorization.  E-Verify does not replace Form I-9. Employers required to use E-Verify must still complete and retain Form I-9 for all new hires. 

As part of our onboarding and compliance services, C2 Essentials processes new hires through E-Verify when required under applicable federal contracting regulations and assists clients with I-9 compliance best practices. Employers with operations in Indiana should review their hiring procedures and employment eligibility verification practices to ensure continued compliance with both federal requirements and evolving state laws. Clients with questions regarding I-9 or E-Verify obligations are encouraged to contact their HR team for guidance. 

Florida employers should be aware of recent changes to the enforcement procedures under the Florida Civil Rights Act (FCRA), the state's primary employment discrimination law. The FCRA prohibits discrimination in employment based on protected characteristics including race, color, religion, sex, pregnancy, national origin, age, disability, and marital status. 

Under legislation known as HB 1407, Florida has revised the timeline for individuals pursuing employment discrimination claims after receiving authorization to file a lawsuit.  The new law will take effect on July 1, 2026. 

Previously, employees who received a determination from the Florida Commission on Human Relations (FCHR) or a Notice of Right to Sue from the U.S. Equal Employment Opportunity Commission (EEOC) had a longer period to initiate a civil action. The new law establishes a more defined filing deadline. Going forward, a claim under the FCRA must be filed within one year of either: 

• The date the FCHR issues a determination of reasonable cause; or 

  
  

• The date the EEOC issues a Notice of Right to Sue (whichever occurs first). 

  
  

While this change primarily affects claimants and their legal representatives, employers should recognize that discrimination complaints may move through the administrative process and into litigation more quickly. As a result, organizations should remain diligent in documenting employment decisions, maintaining personnel records, and responding promptly to employee concerns involving discrimination, harassment, or retaliation. 

Employers are encouraged to review their equal employment opportunity policies, complaint reporting procedures, manager training programs, and record retention practices to ensure they support compliance with federal and state anti-discrimination laws. Thorough documentation and timely investigations remain critical components of a strong workplace compliance program. 

C2 Essentials assists employers with workplace investigations, anti-harassment and anti-discrimination policy reviews, supervisor training, and HR compliance guidance. Clients with employees in Florida who have questions regarding the Florida Civil Rights Act or employment discrimination compliance should contact their HR team for assistance. 

Connecticut employers operating large warehouse distribution centers should be aware of a new state law establishing workplace standards related to employee performance quotas and productivity monitoring. The new law goes into effect July 1, 2026, making Connecticut the first state in New England to enact such standards. 

The law applies to employers with 250 or more employees working at a single warehouse distribution center in Connecticut and is designed to provide greater transparency regarding employee productivity expectations and workplace monitoring practices. 

• Covered employers must provide employees with written notice of any performance quotas that are used to evaluate productivity. This notice must clearly explain the expectations employees are required to meet and any potential consequences for failing to satisfy those standards. 

  
  

• Employers must maintain records of employee work speed and productivity data for at least three years. These records may include information collected through electronic monitoring systems, productivity tracking tools, or other performance measurement methods used within the warehouse environment. 

  
  

• The legislation includes employee protections that prohibit employers from taking adverse action against covered nonexempt employees who exercise their rights under the law. Employees may not be disciplined, terminated, retaliated against, or otherwise subjected to unfavorable treatment for requesting information, raising concerns, or asserting protections provided by the statute. 

Employers that operate qualifying warehouse facilities should review their current productivity tracking programs, performance management practices, employee communications, and record retention procedures to ensure compliance. Organizations utilizing electronic monitoring systems or production quotas should pay particular attention to notification requirements and documentation practices. 

While this law currently applies only to larger warehouse distribution centers meeting the employee threshold, it reflects a broader trend among states toward increased regulation of workplace monitoring and productivity standards. 

C2 Essentials can assist clients in reviewing workplace policies, productivity measurement practices, employee communications, and record retention procedures to help ensure compliance with applicable state employment laws. Clients with Connecticut warehouse operations who have questions regarding these new requirements should contact their HR Team for guidance. 

Tennessee employers should be aware of a new state law that limits the use of noncompete agreements for certain workers based on compensation level. 

Under the new legislation, noncompete agreements are now prohibited for employees who earn less than $70,000 per year. This change reflects a broader national trend toward restricting post-employment restrictions for lower-wage workers and ensuring greater mobility in the labor market. 

• The law will apply to agreements entered into, renewed, or amended on or after July 1, 2026.  

• Noncompetes executed after July 1, 2026 for employees who do not meet the minimum annualized compensation will be void and unenforceable. 

Noncompete agreements are generally used by employers to restrict former employees from working for competing organizations or starting competing businesses for a defined period of time after employment ends.  

While these agreements remain permissible for higher-compensated employees under certain conditions, Tennessee’s new law narrows their enforceability by establishing a clear salary threshold. 

For employers, this means that any existing noncompete agreements or onboarding templates should be reviewed to ensure compliance with the new requirement. Agreements that include noncompete provisions for employees earning below the $70,000 threshold may be unenforceable and could expose employers to legal challenges or compliance risk. 

Employers should also consider whether alternative restrictive covenants—such as confidentiality agreements, nondisclosure provisions, and non-solicitation clauses—may be more appropriate and enforceable tools to protect business interests without violating state law. These alternatives are often less restrictive while still safeguarding proprietary information, customer relationships, and trade secrets. 

Comparison of Common Employment Restrictive Covenants 

In addition, organizations should review job classifications, compensation structures, and standard employment agreements to confirm alignment with the new statutory requirements. Employers with multi-state operations should pay particular attention to differing state rules regarding noncompete enforceability, as thresholds and restrictions vary significantly across jurisdictions. 

Clients with employees in Tennessee are encouraged to review current noncompete practices and consult with their HR team to ensure compliance with the new law and to identify alternative protections where appropriate.

Georgia employers that engage independent contractors, consultants, freelancers, or gig workers should be aware of a new law that provides greater flexibility in offering benefits without automatically jeopardizing independent contractor status. 

Under the new law, effective July 1, 2026, businesses may make voluntary portable benefit contributions for eligible independent contractors. These contributions may be used to support benefits such as health insurance, paid time off, retirement savings, and other worker benefits. Importantly, the law clarifies that providing these voluntary benefits alone does not create an employment relationship or convert an independent contractor into an employee. 

Prior to this law, businesses often hesitated to provide benefit-like contributions to independent contractors due to concerns that doing so could be used as evidence of an employment relationship. The new Voluntary Portable Benefit Plan Act establishes a framework allowing businesses to contribute to portable benefit accounts for independent contractors without those contributions, by themselves, jeopardizing the worker's independent contractor classification.  

The legislation is particularly relevant for organizations that utilize freelance professionals, project-based workers, consultants, and gig economy workers. By permitting portable benefit contributions, Georgia aims to provide workers with greater access to financial security and benefit options while allowing businesses to maintain workforce flexibility. 

Employers should note, however, that the new law does not eliminate the need to properly classify workers. Independent contractor status continues to be determined based on applicable federal and state worker classification standards. Providing portable benefits may not, by itself, create an employment relationship, but other factors related to control, supervision, and the nature of the working relationship remain important when evaluating classification compliance. 

Organizations that engage independent contractors should review their workforce arrangements and ensure that contractor relationships are structured appropriately. Employers considering portable benefit programs should also evaluate administrative requirements and coordinate with legal, tax, and HR advisors before implementation. 

C2 Essentials assists employers with worker classification reviews, independent contractor compliance, workforce planning, and multi-state employment law guidance. Clients utilizing independent contractors in Georgia should contact their HR team to discuss the impact of this new law and to ensure their contractor engagement practices remain compliant with applicable federal and state requirements. 

Washington employers should be aware of important state-specific requirements that affect how criminal history information may be used during the hiring process. 

The expanded Washington Fair Chance Act (HB 1747) becomes effective July 1, 2026 for employers with 15 or more employees, and January 1, 2027 for employers with fewer than 15 employees. 

The new law significantly strengthens Washington’s “fair chance” protections by shifting to a strict post-offer inquiry model and limiting how criminal history can be used in hiring decisions, especially for arrests and juvenile records. It also increases procedural requirements before any adverse employment action is taken. 

Under Washington law, employers with 15 or more employees are subject to enhanced rules governing background checks, criminal history inquiries, and adverse employment actions based on criminal records. These requirements are more restrictive than federal Fair Credit Reporting Act (FCRA) standards and must be followed in addition to federal obligations. 

• When criminal background checks are used, Washington requires employers to follow specific pre-adverse action procedures before taking any final adverse employment action based on criminal history.  

• This includes providing the candidate with required notice and an opportunity to respond before a final decision is made.  

• Washington places limits on when and how employers may inquire about an applicant’s criminal history.  

• In many cases, employers are restricted from asking about criminal records on initial job applications and must wait until later in the hiring process before conducting such inquiries.  

• These restrictions are designed to promote fair chance hiring practices and reduce barriers to employment for individuals with prior convictions. 

• Washington imposes requirements related to self-disclosure of criminal history, including specific notice obligations when applicants are asked to provide such information.  

• Employers must ensure that any requests for disclosure and related communications comply with Washington’s notice and timing rules. 

Employers operating in Washington should carefully review their hiring policies, background check procedures, and application materials to ensure compliance with both state law and federal FCRA requirements. Because Washington’s rules are more restrictive than federal standards, employers should apply the stricter state requirements whenever both laws overlap. 

How the new law differs from current law 

The federal Fair Credit Reporting Act (FCRA) requires employers that use third-party background checks or consumer reports for employment decisions to follow specific disclosure and authorization rules. These requirements are intended to ensure transparency, accuracy, and fairness in employment background screening. 

• Before obtaining a report, employers must provide a clear, standalone written disclosure and obtain the applicant’s written consent.  

• If the information may result in a negative employment decision, the employer must first provide a pre-adverse action notice that includes a copy of the report and a summary of FCRA rights, allowing the individual time to dispute inaccurate information.  

• If the employer proceeds with an adverse decision, a final adverse action notice must be issued explaining the decision, identifying the consumer reporting agency used, and informing the individual of their rights 

C2 Essentials assists employers with compliant background check procedures, hiring process reviews, adverse action notices, and policy updates. Clients with employees or applicants in Washington State should contact their HR team to ensure their hiring practices align with current state and federal requirements.

The U.S. Equal Employment Opportunity Commission (EEOC) may soon propose a significant change to federal workforce reporting requirements. The White House Office of Information and Regulatory Affairs (OIRA) has completed its review of the EEOC's draft proposal to rescind the annual Employer Information Report (EEO-1), clearing the way for the agency to publish the proposal for public comment.

At this time, the proposal has not been finalized and EEO-1 reporting requirements remain in effect. However, the EEOC has not yet opened the EEO-1 filing portal for the 2025 reporting year, creating uncertainty for covered employers that are preparing their annual workforce demographic reports.

Who Is Currently Required to File an EEO-1 Report?

Under existing regulations, EEO-1 reporting generally applies to:

• Private-sector employers with 100 or more employees.

• Federal contractors and first-tier subcontractors with 50 or more employees that hold a federal contract, subcontract, or purchase order of $50,000 or more.

  
  

Covered employers must annually report workforce demographic data by job category, race/ethnicity, and sex.

What Should Employers Do Now?

Although the EEOC may seek to eliminate the EEO-1 reporting requirement, no final action has been taken. Federal contractors should continue monitoring equal employment opportunity compliance obligations as other federal contractor requirements may remain in place regardless of any changes to EEO-1 reporting.

C2 Essentials will continue to monitor developments and provide updates as additional guidance becomes available from the EEOC.

The New York State Legislature has passed legislation (New York State Senate Bill S8877) aimed at addressing so-called "ghost jobs"—job postings for positions that employers do not intend to fill or are not actively recruiting for. The bill passed the New York Senate in April 2026 and was approved by the Assembly in June 2026.

It has been delivered to the Governor for consideration. If signed, the law would take effect immediately and create new disclosure requirements for certain employers and job posting platforms operating in New York. 

What Are “Ghost Jobs”? 

A ghost job is generally a job posting that appears to be an active opening but is not tied to an immediate hiring need. Employers may maintain these postings to build a talent pipeline, gauge market interest, or create the perception of organizational growth. Critics argue that the practice wastes applicants' time and distorts labor market data. 

What the Bill Would Require 

Senate Bill S8877 would add Section 219-b to the New York Labor Law and impose new requirements on employers with 100 or more employees and certain third-party job posting entities. Among other provisions, employers would be required to disclose whether: 

• The position is a current vacancy. 

• The employer intends to fill the position within a specified timeframe. 

• The posting is being used to collect resumes for future opportunities rather than fill an immediate opening. 

The legislation would also require employers to remove job advertisements within a specified period after a position has been filled. 

Potential Penalties 

The bill authorizes the New York Department of Labor to investigate complaints and conduct audits. Violations could result in a civil penalty of $2,500 for each job advertisement and each platform where the posting appears. Penalties may increase if non-compliant postings remain active for extended periods. 

Employer Considerations 

Although the bill has not yet become law, employers with New York employees should begin evaluating their recruiting practices, including: 

• Reviewing all active job postings to confirm they represent legitimate hiring needs. 

• Identifying evergreen or pipeline postings that may require additional disclosures. 

• Establishing procedures to remove filled positions promptly. 

• Coordinating with recruiters, staffing firms, and third-party job boards to ensure compliance. 

For federal contractors and multi-state employers, this proposal is another example of increasing state regulation of recruiting and hiring practices. Organizations should expect continued scrutiny of job advertisements, pay transparency, and the use of recruiting technology.

C2 Essentials will continue monitoring the legislation and provide updates if Governor Hochul signs the bill into law.