U.S. employers are bracing for new developments in workplace policy and regulation as technology-related risks – namely around AI and data privacy – take center stage. This comes as businesses adjust to workplace policy shifts following a year shaped by other Trump administration priorities, including immigration enforcement and increased scrutiny of diversity, equity and inclusion (DEI) initiatives.
Littler’s 14th Annual Employer Survey draws on insights from more than 300 C-suite executives, in-house lawyers and human resources professionals. The report explores the top workplace law trends, compliance challenges and employment litigation risks facing U.S. businesses in 2026 and how executives are navigating them.
AI is now the leading area where employers expect changes to workplace policy and regulation to impact their businesses over the next year, followed by data privacy. This is a notable shift from last year’s survey, when DEI and immigration topped the list. As AI becomes more deeply embedded across workplace functions, employers are advancing various AI governance measures – and starting to reassess staffing needs. The survey also highlights key areas of expected employment litigation risk, including AI-related liability, workplace accommodations, wage and hour compliance, retaliation claims, wrongful terminations/reductions in force (RIFs), and paid leaves of absence.
Six years after the start of the pandemic, hybrid work remains the dominant model for positions that can be performed remotely. At the same time, employers are seeing a sustained rise in leave of absence and accommodation requests, particularly those tied to mental health. The report examines these and other pressing workplace issues in depth, including the active role of state legislatures in advancing labor-friendly policies, evolving False Claims Act enforcement trends and key challenges when employees depart to competitors.
Disclaimer
The survey questions and their resulting findings do not represent any specific political affiliation or preferences of Littler, nor do they convey or constitute legal advice.