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Friday, March 13, 2026

Pivotal Healthcare Labor and Employment Law Issues in 2025 Continue on Into 2026 - Ogletree

  • In 2025, healthcare employers faced increasing privacy litigation and shifting regulations around healthcare privacy, including ADA compliance, federal privacy protections, and state AI and health data laws, with heightened HIPAA enforcement by HHS.
  • Healthcare employers in 2025 dealt with staffing shortages and wage and hour issues, influenced by proposed FLSA changes, civil awards for worker misclassification, state court rulings on meal and rest periods, and restrictions on noncompetition provisions and H-1B visa fees.
  • In 2026, healthcare staffing will continue to be an issue for employers in 2026, and states are continuing to focus on AI and privacy in the workplace, staffing, and workplace safety.

Privacy: While privacy litigation is on the rise, the regulatory landscape around healthcare privacy continues to shift, causing uncertainty for employers in the healthcare industry. Employers continued to face privacy considerations for Americans with Disabilities Act (ADA) compliance, shifting federal privacy protections for substance-abuse records and reproductive health information, and changes to state AI laws and health data laws, all while the U.S. Department of Health and Human Services (HHS) ramped up Health Insurance Portability and Accountability Act (HIPAA) enforcement.

Staffing: As the nation continues to experience staffing shortages of healthcare professionals, healthcare employers saw an increase in wage and hour considerations across both ordinary workers...



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