As employers and HR professionals, staying updated with the latest changes in labor and employment law is crucial. The early actions of President Trump during his second term have brought significant shifts that demand immediate attention and proactive measures for compliance. This article provides a detailed guide on the essential tasks to prioritize in February, enabling businesses to navigate these changes effectively and maintain compliance with new regulations.
Track Changes from Workplace Watchdogs
One of the most notable actions by President Trump in January was the dismissal of key figures in labor law enforcement, including NLRB General Counsel Jennifer Abruzzo and EEOC members Gwynne Wilcox and Andrea Lucas. Lucas, known for her criticism of Diversity, Equity, and Inclusion (DEI) programs, took the position of Acting Chair of the EEOC. This move signals a shift in the government’s stance towards labor, equal employment opportunity (EEO), and bias laws. Additionally, the administration rolled back protections related to LGBTQ+ harassment by recognizing only two sexes in federal government guidelines.
These changes indicate a significant shift in the enforcement of labor laws, which requires employers to stay vigilant and adapt their policies accordingly. It’s essential for businesses to monitor updates from these workplace watchdogs to ensure compliance and avoid potential legal pitfalls. Implementing a tracking system for these changes can provide timely alerts, allowing HR professionals to adjust policies and train staff as required.
Assess Your Diversity, Equity, and Inclusion Programs
A significant executive order issued by President Trump on January 21 targets DEI initiatives in both government and private sectors. This order introduces uncertainties and mandates that employers understand its implications on their existing DEI programs. Despite the possibility of legal challenges to the order, employers must take proactive steps to assess and ensure their DEI programs align with the new federal directives.
This assessment should include a thorough review of current DEI policies, training programs, and workplace practices. Employers should collaborate closely with legal counsel to navigate these changes and ensure their DEI initiatives comply with the new regulations. By doing so, businesses can mitigate risks, maintain a positive work environment, and demonstrate their commitment to diversity and inclusion.
Coordinate with Counsel on Affirmative Action Orders
President Trump dismantled the longstanding race and gender affirmative action obligations for federal contractors, established in Executive Order 11246. The Labor Department announced the cessation of all pending investigations and enforcement activities related to these obligations. Despite this temporary reprieve, contractors must continue to maintain other compliance efforts.
It is essential for federal contractors to coordinate with legal counsel to understand the full implications of these changes and ensure ongoing compliance with other relevant regulations. Legal advisors can help to interpret the shifting legal landscape and provide guidance on maintaining adherence to fair and equitable hiring practices. This approach helps avoid potential legal issues and ensures businesses uphold standards of equality and non-discrimination.
Create an Action Plan in Response to Sharp Immigration Policy Changes
Following his inauguration, President Trump initiated immediate changes to the country’s immigration policies, which will significantly affect employers. These abrupt changes necessitate an urgent response from businesses to ensure compliance and mitigate potential disruptions to their workforce. Developing a comprehensive action plan is critical to navigating this new immigration landscape effectively.
Employers should start by reviewing their current immigration policies, updating employee documentation, and ensuring all records comply with new regulations. Additionally, companies should provide resources and support for affected employees, such as legal assistance and counseling services. A proactive stance in addressing these changes will help businesses maintain workforce stability and reduce the risk of non-compliance.
Keep Up with the Evolving AI Landscape
A sweeping shift in AI policy was enacted by the White House in January, including the rescission of President Biden’s executive order on artificial intelligence and the announcement of a private-sector-led AI infrastructure investment. Moreover, President Trump’s executive order mandates a new AI policy within six months aimed at establishing global AI dominance. Employers must stay informed about these changes and their implications for AI-driven decisions and biases.
It’s vital to review and update AI policies and practices promptly to ensure compliance with the new regulations. This includes auditing existing AI systems for potential biases, implementing regular training for staff on ethical AI use, and collaborating with legal experts to navigate the regulatory landscape. Staying ahead of these changes will help businesses leverage AI responsibly and avoid legal complications.
Monitor Labor Law Developments
Dramatic changes at the NLRB could introduce uncertainty in labor law enforcement. Additionally, a noteworthy proposal from a key Republican Senator seeks to significantly favor unions and labor advocates, suggesting a potential labor revolution. Employers must stay informed about these developments and their potential impact on labor relations.
Regularly monitoring updates from the NLRB and other relevant authorities is crucial to ensure compliance with evolving labor laws. Employers should also consider consulting with legal counsel to interpret these changes and develop strategies for maintaining positive labor relations. Proactive engagement with labor unions, transparent communication with employees, and adherence to best practices can help businesses navigate this uncertain landscape.
Get Ready for Increased OSHA Penalties
Employers are warned of higher penalties for workplace safety violations in 2025, as per the U.S. Department of Labor’s publication of annual increases. These changes necessitate proactive measures from businesses to ensure a safe work environment and avoid steep fines.
Reviewing and updating workplace safety policies and practices is essential. Regular safety audits, comprehensive training programs for employees, and prompt resolution of identified hazards can help maintain a safe workplace. Employers should also stay informed about OSHA regulations and be prepared to respond to any updates swiftly. This proactive approach not only helps avoid penalties but also fosters a culture of safety within the organization.
Consult Your State Law Compliance Checklist
Amid federal changes, employers must also stay compliant with state and local laws. Specific deadlines and requirements, such as the February 1 deadline in Massachusetts for EEO and pay data submission, the February 21 effective date for wage and sick leave requirements in Michigan, and the February 25 effective date for Ohio’s “bathroom ban” law affecting certain schools, must be met.
Maintaining a comprehensive state law compliance checklist is crucial. Employers should regularly review and update this list, stay informed about new laws in states like New York for 2024 and 2025, and subscribe to reliable sources for updates. Ensuring compliance with state-specific regulations helps businesses avoid legal issues and maintain smooth operations.
Track the Latest Pay Transparency Trends
Blue states are expected to push back against the Republican-led federal government, with pay transparency being a focal point. Employers must stay informed about the key aspects of pay transparency laws to ensure compliance. It is important to develop strategies for adhering to these regulations, including adjusting pay structures and improving communication with employees regarding compensation.
Employers should also consider implementing training programs to educate managers and employees about pay transparency laws and their implications. Conducting regular audits of pay practices can help identify and address any discrepancies, ensuring compliance and fostering a fair and transparent workplace.
Review SCOTUS Ruling on Standard of Proof in Overtime Exemption Cases
As employers and HR experts, keeping up-to-date with the latest changes in labor and employment laws is essential. The initial actions of President Trump in his second term have introduced substantial modifications that require immediate attention and proactive steps to ensure compliance. It’s important for businesses to remain informed and adaptable to avoid any legal pitfalls. This guide provides a detailed overview of the critical tasks that should be prioritized in February, helping companies navigate these changes effectively. By focusing on these tasks, businesses can maintain compliance with new regulations and protect themselves from potential legal issues. Staying informed and taking swift action is key to ensuring smooth operations and avoiding penalties. This article aims to support companies with practical advice and prioritized tasks for adapting to the recent changes in labor laws under the current administration. By following these guidelines, businesses can confidently move forward, ensuring they meet all new regulatory requirements and continue to thrive.