Compliance Stuff

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 mor...

AI-enabled interviewing tools have emerged as a common solution for the administrative burdens associated with hiring . These tools improve efficiency, streamline operations, allow you to consider more candidates without expanding your hiring team, keep evaluations consistent across applicants, and make high-volume hiring easier. But their adoption also raises important legal considerations, including potential bias, compliance risks, and data privacy and cybersecurity obligations – all while we face a growing regulatory and litigation landscape targeting the use of these tools. This Insight reviews the most common tools being deployed by employers and their associated risks, and provides a five-step suggested plan for minimizing liability. AI Interviews Tools and Systems Rather than solely focusing on tools that assist with logistics or document review (like simple schedulers or resume screeners), the newest generation of AI hiring tools can analyze and organize interview responses i...

In this post: (1)  Selection of law in a choice-of-law forum can defeat privacy claims; (2) The Arizona Court of Appeals shuts down “spy pixel” litigation; (3) Multiple decisions provide guidelines as to when claims are likely to be dismissed for lack of standing; (4) Consent rises and falls on implementation but plaintiffs cannot avoid the issue; and (5) Courts in the 3rd and 9th Circuit disagree whether simultaneous messages are intercepted while in transit. Welcome to our monthly update on how courts across the nation have handled privacy litigation involving website tools such as cookies, pixels, session replay, and similar technologies. In this post, we cover decisions from October and November 2025. Many courts are currently handling data privacy cases across the U.S. Although illustrative, this update is not intended to be exhaustive. If there is another area of data privacy litigation you would like to know more, please reach out. The contents provided below are time-sensit...

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan for compliance, here is a quick review of some critical developments we tracked in October and a checklist of the essential items you should consider addressing in November and beyond. _____ Plan for workplace impacts of election results.  In 2025, we’ll have a new president and likely see changes in Congress and state and local governments. Additionally, voters will weigh in on a number of state ballot issues that affect the workplace, like paid leave, recreational cannabis, and minimum wage laws. Visit our  Election Season Resource Center  to review all our thought leadership and practical resources – and check back often. We’ll continue to provide post-election resources as you prepare for the new year. _____ Consider performing a year-end pay equit...

  Welcome to our five-part series on human resources’ (HR) role in managing employee data privacy with grace, agility, and expertise. In this five-part series, each article will build on previous installments to help HR personnel feel more comfortable when tackling privacy issues as they arise. This first article serves as a basic introduction to some foundational definitions and concepts. Quick Hits HR personnel are vital in knowing the  who  behind a breach—who the employee is, who had access, and who will likely need assistance in maintaining firewalls. HR personnel need to know some basic vocabulary in order to assist in efficient and effective interteam communication and wider messaging. Repeated and regular training of  all  staff is a must as methods to gain access to private information grow and their detectability falls. Why HR Should Care About Data Privacy and Cybersecurity Response Human resources personnel are tasked with a lot—but when it comes to ...