Monthly Archives: February 2025

Applies to: All Employers Effective: January 20, 2025 Quick Look On February 5, 2025, the U.S. District Court of Maryland issued a nationwide preliminary injunction blocking the Executive Order suspending birthright citizenship. Employers and employees should plan for delays in recruiting and hiring foreign workers due to heightened vetting procedures. Certain individuals with TPS status

Applies to: All Employers Effective: January 21, 2025 Quick Look The federal government seeks to eliminate “illegal” DEI programs and practices across all sectors. DISCUSSION The Executive Order, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” relays this Administration’s desire to end “Diversity, Equity, and Inclusion” (DEI) for federal contractors and private employers. However, when looking

Applies to: All Employers Effective: January 20, 2025 Quick Look The federal government will interpret “sex” to refer only to the male and female biological designations. Gender ideology is erased from all aspects of the federal government that the Executive Branch commands. Federal funding cannot be used to promote gender ideology. DISCUSSION In “Defending Women

Applies to: Employers with Federal AAPs Effective: January 21, 2025   Quick Look Executive Order 11246 requiring federal contractor affirmative action plans for women and minorities is rescinded. Statutory affirmative action requirements for federal contractors related to veterans and disabled workers remain in place. DISCUSSION On January 21, 2025, President Trump signed an Executive Order

Applies to: All Employers Effective: As Indicated Quick Look Following recent terminations by the President, the EEOC and NLRB lack the required members in their respective agencies in order to take action. Expect delays in regulatory changes and enforcement of recent executive orders. DISCUSSION Following the Inauguration, President Trump took quick action to dismiss a

Applies to: As Indicated Effective: January 23, 2025 Quick Look President Trump issued an Executive Order aimed at enhancing the United States' global leadership in artificial intelligence (AI), while easing regulatory oversight for AI developers. DISCUSSION On January 23, 2025, President Trump issued a brief Executive Order titled “Removing Barriers to American Leadership in Artificial

Applies to: All Employers Effective: January 8, 2025 Quick Look The IRS issued Revenue Ruling 2025-3 and Revenue Procedure 2025-10 to address the application of Sections 530, 3509, and 7346 of the Internal Revenue Code to employment misclassification disputes. The Revenue Ruling’s guidance addresses five common employment scenarios. DISCUSSION The Internal Revenue Service (IRS) issued

Applies to: All Employers Effective: As Indicated Quick Look The Internal Revenue Service (IRS) recently released Revenue Rule 2025-4, which provides much needed guidance on federal tax treatment of state paid leave laws. The DOL released an Opinion Letter stating that PFML benefits operate the same as STD and workers’ compensation benefits during FMLA leave.

Applies to: All Employers Effective: As Indicated Quick Look The Department of Labor announced inflation adjustments to OSHA civil penalties, which take effect for violations issued on or after January 15, 2025. OSHA has announced withdrawal of its COVID-19 proposed rule. DISCUSSION INCREASED CIVIL PENALTIES On January 9, 2025, the Department of Labor (DOL) announced

Applies to: All Employers Effective: January 15, 2025 Quick Look Employers must meet the preponderance of the evidence standard to prove that employees are properly classified as overtime exempt under the FLSA. DISCUSSION In E.M.D. Sales, Inc. v. Carrera, the U.S. Supreme Court said that employers must meet the preponderance of the evidence standard, rather