Recent Court Decisions Reinforce Key Protections

Recent Court Decisions Reinforce Key Protections -- and Pitfalls -- for Nonsubscribers

Two recent court decisions, one from a Texas appellate court and another from the Fifth Circuit Court of Appeals, offer important guidance for nonsubscriber employers on both liability exposure and risk management practices.

In King v. Craig Senior Living, a Texas appellate court delivered a favorable outcome for nonsubscribers, reinforcing limits on employer liability for open and obvious hazards. The case involved a nurse who slipped on ice after her shift during a winter storm. Despite arguments that the employer assumed a duty to protect by attempting to clear sidewalks, the court held that no such duty existed.

Critically, the court reaffirmed that employers, including nonsubscribers, generally have no duty to warn or protect employees from dangers that are open, obvious, and already known to the employee. The court also found that voluntary efforts to improve conditions, such as salting or shoveling, do not create liability unless those efforts make conditions worse or induce reasonable reliance. Because the employee was aware of the icy conditions and was not placed in a worse position, the employer’s summary judgment was affirmed.

In contrast, Mertens v. Benelux Corp. highlights a risk area for employers: unsigned arbitration agreements. In that case, the Fifth Circuit refused to enforce an arbitration agreement because the employer failed to countersign it, even though the employee had signed and the company intended to be bound.

Applying Texas law, the court emphasized that arbitration agreements are contracts requiring strict compliance with their terms. Where the agreement’s language required signatures from both the employee and employer, and included dual signature blocks, the absence of the employer’s signature rendered the agreement unenforceable. The court further rejected arguments that the employer’s conduct could substitute for the missing signature.

Key takeaways for nonsubscribers:

  • Courts continue to recognize strong defenses for nonsubscribers in cases involving open and obvious workplace conditions.
  • However, risk management tools like arbitration agreements must be executed precisely as written.
  • Employers should audit their arbitration processes to ensure all agreements are properly completed and enforceable.

Report Shows Increase in Workplace Injuries

Workplace injury frequency and severity are increasing at more than two times last year’s rate, with 90% of incidents, hazards or near misses going underreported, according to a recent survey of Environmental Health and Safety (EHS) professionals.

Benchmark Gensuite analyzed data from 260 EHS leaders and concluded that increased demand, workforce shortages, and emerging responsibilities are straining EHS teams — leading to a new level of risk on the frontlines.

Key findings from Benchmark Gensuite’s 2026 EHS Benchmarking report include:

  • More than four in 10 respondents (45%) report increased injury frequency, compared to 18% last year. Some 39% report that injury severity increased, compared to 13% the year prior.
  • Nine in 10 (90%) said workplace incidents, hazards or near misses are underreported, compared to 79% last year. Almost half (45%) of the respondents estimate that up to a quarter of employees do not report incidents at all.
  • Nearly four of 10 EHS leaders (39%) say they don’t receive early signals of risk — such as near misses or worker feedback.
  • Sustainability and governance responsibilities are increasing for EHS professionals as 46% say their teams have added oversight for reporting, compliance or cross-functional collaboration tied to environmental and governance expectations. More than one in four (26%) of the respondents say these responsibilities have grown without additional resources.
  • Slightly more than half (52%) of EHS teams have updated or expanded emergency response plans to address a growing variety of risks that include supply chain issues, cyber incidents, extreme weather, and facility disruptions. Some 27% say emergency management responsibilities have grown even as formal plans struggle to keep pace.

Instructions for downloading the report are available here.

Analysis Shows Which States Have Highest Workplace Fatality Rates

A closer look at on-the-job fatalities reported in 2025 shows 29 states and Washington, D.C., posted lower per-capita rates than Texas’ rate of 4.3 deaths per 100,000.

New Jersey-based personal injury law firm Team Law examined recent data from the U.S. Bureau of Labor Statistics (BLS) to compare per-capita workplace fatality rates, as well as data for specific industries. It found the lowest per-capita workplace fatality rate in Rhode Island, at 1.4 deaths per 100,000 workers. The highest per-capita rate was recorded in Wyoming (12.7 per 100,000 workers).

According to Team Law, factors contributing to higher per-capita rates include states with high-risk industries such as oil drilling, logging, mining and construction, and states with geographical challenges. It notes that North Dakota has a booming oil industry and ranks second for the most fatal occupational injuries by state at 9.8 per 100,000 workers, with a per-capita fatality rate of 63.7 for the mining, quarrying, and oil and gas extraction category.

Additionally, Team Law notes that states such as North Dakota, South Dakota, Minnesota and Alaska are highly rural, with rugged terrain, heavy snowfall, and frequent blizzards, which it said can impede emergency services from reaching injured workers or delay hospital treatment. Additionally, many of these states have a workforce that spends much of its time at isolated job sites, such as oil and gas extraction and transportation.

More information about the Team Law findings is available here.

Department of Labor Launches OSHA Cares Program to Strengthen Customer Service to Businesses

The U.S. Department of Labor’s Occupational Safety and Health Administration announced the launch of its OSHA Cares initiative, an agency-wide effort focused on helping businesses meet federal workplace safety requirements while also building strong, successful safety and health programs that benefit employers and workers.

OSHA Cares highlights the ways OSHA can support employers and provide guidance to ensure all workers arrive home safely after every shift. OSHA is encouraging businesses to seek assistance or guidance to improve safety and health at their worksite. To that end, the agency is making a concerted effort to show businesses it is more approachable by emphasizing the benefits of reaching out for help or collaborating with the agency.

Last month, OSHA unveiled an updated version of the poster employers are required to display in the workplace. The poster, which features a modern design, includes a message that aims to bring employers and workers together to address safety hazards and concerns.

Additionally, the OSHA Cares initiative hopes to empower employers to improve workplace safety — particularly small and medium-sized businesses that face unique safety and health challenges — by increasing access to OSHA experts and compliance assistance specialists, improving access to educational and training materials, and offering consistent workplace assistance during enforcement visits and meetings.

OSHA values working closely with small businesses, listening to stakeholders, building greater collaboration, and expanding compliance assistance to give employers the tools and knowledge they need to develop or build on a safety and health program. The agency’s Directorate of Enforcement Programs is launching a training program that will standardize how the agency’s compliance safety and health officers will offer real-time assistance during inspections and enforcement activities.

Surveys on Employee Benefits Show Costs Impacting Budgets and Retention

Nearly three in 10 employees (29%) say they would consider changing employers for GLP-1 coverage, according to a recent survey.

NFP conducted separate employer and employee surveys in October to gauge opinions about employee benefits. The result is its 2026 Benefits Trends Employer Survey and Benefits Trends Employee Survey, which finds rising benefits costs straining employer budgets and growing employee financial burdens impacting engagement and retention.

According to the report, pharmacy benefits have become a three-pillar cost model: declining legacy medications, rising specialty prescriptions, and fast-growing GLP-1s. Pharmacy cost remains one of the most volatile components of employer health care budgets, and four in 10 employers say they are very or extremely concerned about sustainability. GLP-1 utilization for diabetes and weight-loss treatments is surging, with 51% of employers citing these drugs as a top driver of rising prescription spend.

The report highlights opportunities for employers to replace outdated practices, leverage technology, and use data-driven insights. According to the report, nearly half (49%) of self-funded employers carve out pharmacy benefits with a Pharmacy Benefit Manager, up from 27% in 2025, while many tighten prior authorization, reinforce step-therapy, and explore outcomes-based contracting.

Other key findings in the report include:

  • While 63% of employers rate their well-being communications to staff as strong, only 42% of employees agree.
  • Two in five employees have less than $500 in emergency savings, and more than a quarter cite money as their top workplace stressor. Yet only 35% of employers offer structured financial well-being programs that provide tools and coaching to manage income effectively.

Information for downloading the report is available here.

Governor Creates Texas Job Council

On March 16, Gov. Greg Abbott announced the creation of the Texas Jobs Council, a new advisory board to strengthen Texas’ workforce development initiatives and ensure Texans are prepared to fill the state’s growing number of high-demand jobs, following the council’s inaugural meeting at the Governor’s Mansion. 

In making the announcement, the governor was joined by Plumbers Local Union 68 Business Manager Wayne Lord, Texas Association of Business Interim President Megan Mauro, Texas Workforce Commission Chairman Joe Esparza, and other business and labor leaders.

Gov. Abbott appointed the following members to the council:

  • Co-Chair, Brent Taylor, VP South Teamsters Local 745 & Teamsters Joint Council 80
  • Co-Chair, Megan Mauro, Interim President, Texas Association of Business
  • Tony Bennett, President, Texas Association of Manufacturers
  • Todd Staples, President, Texas Oil and Gas Association
  • Hector Rivero, President, Texas Chemistry Council
  • Scott Norman, President, Texas Association of Builders
  • Robert Mele, President, Teamsters Local 988
  • Robert Wayne Lord, Business Manager, Plumbers Local Union 68
  • Alan Robb, Assistant General, International Longshoremen’s Association
  • Lacy Wolf, President, Heat and Frost Insulators Local Union 22
  • Mark Maher, Jr., Business Manager, International Union of Operating Engineers 450
  • Bryan Edwards, Business Manager, Pipefitters Local Union 211

 The council will focus on:

  • Executive actions that can be implemented immediately by state agencies to reduce regulatory burdens and red tape surrounding workforce development. 
  • Policy and legislative recommendations to be presented to the governor and Legislature ahead of the 90th Legislative Session.

The council will deliver a final report in November 2026 outlining recommended executive actions and legislative proposals to strengthen Texas’ workforce development system.

Safety Perception Gap Cited as Risk in Workplace

Almost eight in 10 U.S. workers (79%) say they feel safe at work, but more than half admit their worksites only have partial safety systems in place, and 17% don’t know if any exist at all, according to a new survey.

Avetta, a leading supply chain risk management software provider, partnered with Pureprofile in October 2025 to survey 516 U.S.-based professionals across construction, manufacturing, mining, utilities, and other high-risk sectors. Among the key findings:

  • While 79% of workers surveyed feel safe day to day, 53% say their worksites have only “some” safety systems in place, and 17% are unaware of any safety systems at all.
  • Some 68% of workers regularly notice safety hazards, but 72% do not report them.

According to the survey, 36% of workers believe reporting is pointless because they think nothing will change. Another 29% fear repercussions and 8% say they don’t know how to report.

Avetta calls this disconnect the safety perception gap and describes it as a systemic vulnerability that can lead to catastrophic consequences.

When tasks feel predictable and accidents seem rare, people assume their environment is safe. But feeling safe and being safe are not the same thing. This perception gap can mask fragile systems and blind spots.

Unchecked, Avetta says these gaps create the risk of hazards acknowledged but not acted upon or an environment where workers are discouraged from speaking up about hazards.

More information about the survey is available here.

Survey Gauges Gen Z and Millennial Job Satisfaction

One in three (33%) of Gen Z and 37% of millennials say they’re not satisfied with their current job, according to a recent survey.

The ELVTR survey found that 55% of millennials feel unsettled or are still figuring out their careers, while 25% are actively planning a career pivot. Some 59% admit they’ve hoped for an external excuse, like a layoff, to finally leave a job they feel stuck in.

ELVTR surveyed 2,000 Gen Z and millennial workers across the United States to gauge satisfaction, performance, and the factors that separate employees thriving in their roles from those merely getting by. Key findings include:

  • According to the survey, 58% cite flexibility as the most important factor in workplace happiness, ahead of salary (48%), and a supportive team (47%). Conversely, 38% of unhappy young workers blame leadership that expects too much, pays too little, and promotes burnout over work-life balance.
  • Some 72% of unhappy workers believe being honest in the workplace could harm their career, compared to just 35% of happy workers.
  • Dissatisfied employees are more likely to let employers name their price in salary discussions (25%), dodge salary questions (19%), and lowball themselves (3%).
  • Money is the main barrier to pursuing change for both satisfied (49%) and dissatisfied (44%) workers.
  • Fear is the second major obstacle, as dissatisfied workers fear judgment (31%) and starting over (28%), compared to 24% of satisfied workers who cite a fear of failure.

More information about the survey is available here.

Earned Wage Access: Opportunity or Risk?

Some of the nation’s largest employers have started allowing workers to access earned income wages before payday.

The benefit can be helpful for employees who struggle to make ends meet and need money in a hurry. Recent data from the Federal Reserve indicates 37% of respondents do not have enough cash or cash equivalent on-hand money to cover a $400 emergency expense. However, consumer critics call the practice similar to payday loans and warn users could get stung by fees that could lead to further financial distress.

The benefit goes by various names, such as earned wage access (EWA), on-demand pay, same-day pay and others. Several companies provide the product, either directly to the consumer or through the consumer’s employer.

According to a report from CNBC, earned wage access was offered by 2.5% of corporate employers, including Walmart, Amazon, Target, McDonald’s, Uber, Lyft, Taco Bell and Arby’s.

The industry asserts that comparing EWA to payday lending is inaccurate, as EWA allows access to wages that have already been earned — not future earnings. However, consumer advocates say EWA should be regulated as a credit product. They argue that consumers may pay high fees to access their wages early, and that current safeguards do not prevent individuals from pledging the same funds to multiple lenders.

CNBC says some banks and credit unions like Capital One, Regions and Wells Fargo have free paycheck advance options for some workers, depending on their banking relationships. Those institutions offer early access to direct deposit customers, sometimes up to two days before payday.

New Research Suggests AI Is Increasing Workloads

An ongoing study of Artificial Intelligence (AI) in the workplace suggests that AI may be intensifying work, rather than reducing it.

In a recent article for Harvard Business Review, researchers from U.C. Berkeley’s Haas School of Business reported that after closely monitoring a tech company with 200 employees for eight months, they found that AI didn’t free up time — it expanded what workers felt capable of, and willing, to take on.

“Employees worked at a faster pace, took on a broader scope of tasks, and extended work into more hours of the day, often without being asked to do so,” wrote the researchers.

Researchers found work intensification had three pillars. First, people began taking on work that previously would have belonged to someone else or might not have been attempted at all. Second, because AI makes it easy to start and continue tasks, work seeped into moments that used to function as pauses. People would send prompts during lunch, before meetings, or in the evening when an idea came to mind. Third, workers increasingly kept multiple threads alive at once. They would run AI processes in the background while reviewing code, drafting documents, or attending meetings.

Researchers suggested organizations employing AI incorporate measures to ensure they are not accelerating the use of AI-enabled work just because the technology makes it possible.

According to the researchers, such measures could include building intentional pauses — brief, structured moments before major decisions to surface a counterargument or explicitly link a choice to organizational goals — so speed doesn’t crowd out reflection.

They also suggest that instead of reacting to every AI-generated output as soon as it appears, teams could batch nonurgent updates, protect focus windows, and let work move forward in coherent phases rather than in a constant state of interruption.

The Harvard Business Review article is available here.

State News

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NBC News
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PA Senate Republicans
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General News

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