In 2025, employers in the healthcare industry navigated challenges imposed by rapid change and a shifting regulatory landscape, including changes related to artificial intelligence (AI) and data privacy, staffing and wage and hour concerns, workplace safety, and immigration. In 2025, Ogletree published on many of these issues, which are summarized below. We anticipate that these and other pertinent healthcare issues may continue to pose challenges for employers in the healthcare industry in 2026.

Quick Hits

• 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...

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