Nebraska Lowers Language Access Threshold to 5%

On April 14, 2026, Governor Jim Pillen signed Legislative Bill 921 (LB 921) into law, which, among other provisions, amended the Non-English-Speaking Workers Protection Act to lower the workplace language access threshold from more than ten percent (10%) to more than five percent (5%) of employees speaking the same non-English language.

This change expands the number of employers required to provide interpreters and referral agents at the worksite.

This update applies to Nebraska employers subject to the Non-English-Speaking Workers Protection Act, effective July 18, 2026.

What Employers Need to Do

• Assess current workforce demographics to determine whether more than five percent (5%) of employees speak the same non-English language, which would now trigger language access obligations.

• Arrange for an interpreter to be available at the worksite for each shift during which a non-English-speaking employee works. Spanish interpreters must come from a commissioner-approved list; interpreters for other languages must be capable.

• Employ a referral agent to connect non-English-speaking employees to community services and post the agent’s name at the worksite in the employees’ language.

Overview

• The Non-English-Speaking Workers Protection Act previously required language access measures when more than ten percent (10%) of employees spoke the same non-English language. LB 921 lowers that threshold to more than five percent (5%).

• Covered employers must provide an interpreter at the worksite for each shift during which a non-English-speaking employee is employed. For Spanish-speaking employees, the interpreter must be selected from a list approved by the Commissioner. For other languages, the employer must provide a capable interpreter.

• Covered employers must also employ a referral agent to connect non-English-speaking employees to community services. The referral agent’s name must be posted at the worksite in the employees’ language.

Why This Matters

Lowering the threshold from ten percent (10%) to five percent (5%) brings significantly more Nebraska employers into scope.

Employers that were previously below the trigger may now have language access obligations for the first time, and the July 18, 2026, compliance deadline leaves a limited window to assess workforce composition and arrange interpreter and referral agent services.

Key Risks for Employers

• Non-compliance with the interpreter and referral agent requirements is a Class IV misdemeanor under Nebraska law, punishable by a fine of up to $500 per violation.

• Aggrieved non-English-speaking employees may file suit in Nebraska district court, exposing employers to litigation risk independent of state enforcement.

• If a court finds the employer intentionally violated the requirements, it may award damages up to an amount equal to the original damages, effectively doubling the employee’s recovery, in addition to injunctive relief.

• Employers that were previously below the 10% threshold but now fall under the 5% trigger have limited time to arrange interpreter and referral agent services before the July 18, 2026 effective date, exposing them to the above consequences from day one.

Source References

• Nebraska LB 921 – Adopt the Nebraska Worker Adjustment and Retraining Notification Act and Others

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