Workplace Compliance News & Resources
Get the latest safety and workplace compliance news and resources from the federal, state, and local government levels. Below you’ll find late-breaking news, an interactive state map, the latest federal news, and minimum wage changes.
We try to keep it easy to understand and give you some general considerations on what to do, but we always recommend that businesses seek legal counsel for further advice and guidance on your particular situation.
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Who: All employers
When: Effective immediately
On January 20, 2025, President Trump signed an Executive Order “Removing Barriers to American Leadership in Artificial Intelligence” and rescinded former President Biden’s October 2023 Executive Order 14110 on artificial intelligence (AI), which detailed Biden’s comprehensive AI policies on the safe, trustworthy, and transparent development and deployment of AI. This also means the Biden AI Fact Sheet for Employers no longer applies.
Trump claims that Biden’s Order created unnecessarily burdensome requirements for companies that are developing and deploying AI. The purpose of his new Order is to “sustain and enhance America’s global AI dominance in order to promote human flourishing, economic competitiveness, and national security.”
Trump’s order calls for certain specific actions:
- Several high-level government agency representatives will deliver an action plan for achieving the goals related to the new policy by July 22, 2025.
- The Director of the Office of Management and Budget (OMB) and the Assistant to the President for Science and Technology must revise OMB memoranda on federal AI governance (M-24-10) and federal AI acquisition (M-24-18), where they are inconsistent with the new policy.
- Several agency heads will also review all of the Biden Administration policies, directives, regulations, orders, and other actions to determine how they are or are not aligned with the new policy and take actions to remove or propose removing the inconsistency or barrier.
The new Order means that AI companies are no longer required to report safety testing results. Some states already have their own AI laws, and more may pass such laws in the future.
How:
- Consult with legal counsel to ensure continued compliance with applicable state and federal laws with regard to the use of AI.
- Review your use of AI and its impact on the workplace.
- Monitor for additional guidance to be released.
Additional Resources:
Removing Barriers to American Leadership in Artificial Intelligence
M-24-18 Advancing the Responsible Acquisition of Artificial Intelligence in Government
Who: All employers
When: Effective immediately
In response to President Trump’s recent Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” 16 state Attorneys General released a document on February 13, 2025, titled “Multi-State Guidance Concerning Diversity, Equity, Inclusion, and Accessibility Employment Initiatives.” The Executive Order instructs federal agencies to investigate private employers’ DEI practices, and the 16 Attorneys General wanted to show support for employers in their respective states who choose to provide inclusive and diverse workplaces under the state law.
The purpose of the guidance is to inform employers that “… diversity, equity, inclusion, and accessibility best practices are not illegal, and the federal government does not have the legal authority to issue an executive order that prohibits otherwise lawful activities in the private sector or mandates the wholesale removal of these policies and practices within private organizations, including those that receive federal contracts and grants.”
The guidance provides information on the legality of DEI initiatives, the prevention of workplace discrimination, and benefits to business performance. It also includes best practices for recruitment and hiring, professional development and retention, and assessment and integration.
The document states, “Properly developed and implemented initiatives aimed at ensuring that diverse perspectives are included in the workplace help prevent unlawful discrimination. Decades of research and data – as well as the collective experiences of our offices – demonstrate that these types of policies, procedures, and programming help prevent discriminatory conduct and harassment from occurring.”
The multi-state guidance does not have the force of the law. The Attorneys General recommend that when employers communicate with employees, they focus on the fact that DEI programs create opportunity for all, not favoritism for any specific group or groups.
How:
- Review and refine your DEI policies to comply with existing anti-discrimination laws.
- Document the business rationale for your DEI decisions.
- Review your DEI training programs.
- Communicate your policies to employees.
- Monitor federal and state developments.
- Consult with legal counsel to ensure compliance with anti-discrimination laws.
Additional Resources:
Who: Federal agencies; federal contractors; educational institutions, and private employers that receive federal funds
When: Effective April 21, 2025
On January 21, 2025, President Trump signed the executive order “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” which rescinds Executive Order 11246, known as the Equal Opportunity Act. President Johnson signed EO 11246 in 1965 to protect Americans from discrimination based on race, color, religion, sex, sexual orientation, gender identity, and national origin. The Equal Opportunity Act was the basis for federal contractors’ affirmative action programs to hire women and minorities, which were enforced by the Office of Federal Contract Compliance Programs.
The new Executive Order ends diversity, equity, and inclusion (DEI) policies and programs in the federal government and could eventually affect the private sector. The Order:
- Prohibits specific diversity-related programs,
- Requires federal contractors to certify they do not operate programs promoting DEI, and
- Discourages DEI practices in the private sector.
The following laws are not impacted by the Executive Order:
- Section 503 of the Rehabilitation Act of 1973, which protects people with disabilities;
- The Vietnam Era Veterans’ Readjustment Act of 1974, which protects certain veterans;
- Title VII of the 1964 Civil Rights Act;
- The Equal Pay Act;
- The Age Discrimination in Employment Act;
- The Americans with Disabilities Act; and
- State laws.
In consultation with the Office of Management and Budget and other federal agencies, the Attorney General has 120 days to provide a recommended plan to end what the Trump administration deems illegal discrimination and DEI programs for federal contractors and agencies, and it encourages the private sector to follow suit. Contractors can continue compliance with the old requirements until April 21, 2025.
The Office of Personnel Management and the United States Attorney General’s office released a document titled “Further Guidance Regarding Ending DEIA Offices, Programs, and Initiatives Memo” to what is now considered an illegal DEI or DEIA program. (The “A” in DEIA stands for accessibility.) Educational institutions and the private sector that use federal funds may not operate such programs, or they can face investigation and be penalized by the Department of Justice.
U.S. Attorney General Pam Bond released two memos to the U.S. Department of Justice employees with directives for DEI and policies. Due to the sweeping changes, the Equal Employment Opportunity Commission (EEOC) released the “State of the EEOC: Frequently Asked Questions” on February 4, 2025. The Trump Administration will release additional guidance within 90 days.
On February 21, 2025, a federal district court in Maryland issued a preliminary nationwide injunction, which temporarily blocks enforcement of Executive Order 14173. The court claims that the Order impermissibly targets the expression of views supportive of DEI and violates the First and Fifth Amendments of the U.S. Constitution. The court referred specifically to 1) the termination provision, which requires all executive agencies to terminate equity-related grants or contracts; 2) the certification provision, which requires executive agencies to certify that they do not operate DEI programs; and 3) the enforcement threat provision, which requires the Attorney General to enforce the Order. The Trump Administration has appealed the ruling.
The preliminary injunction does not:
- Change the requirement that federal contractors cease Affirmative Action Plans (other than for veterans and the disabled) by April 21, 2025;
- Prevent the Attorney General from preparing reports or pursuing DEI-related investigations; or
- Apply to the EEOC.
How:
- Evaluate your Voluntary Affirmative Action Plans, equal employment opportunity policies, and DEI programs
- Provide compliance training on legal DEI principles and practices to HR personnel and managers.
- Consult with legal counsel to ensure compliance with the law.
- Stay up on the relevant state employment laws and other federal laws.
- Continue to monitor the results of court cases challenging the new Executive Order.
Additional Resources:
Executive Order No. 11246 (Revoked)
Further Guidance Regarding Ending DEIA Offices, Programs and Initiatives Memo
The State of the EEOC: Frequently Asked Questions
Ending Illegal DEI and DEIA Discrimination and Preferences Memo (February 5, 2025, First Memo)
Eliminating Internal Discriminatory Practices Memo (February 5, 2025, Second Memo)
Who: Federal agencies, federal contractors, and private employers
When: Effective May 20, 2025
On January 25, 2025, President Trump signed an executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which declares that the U.S. government will recognize only two sexes: male and female. The Order states that “efforts to eradicate the biological reality of sex fundamentally attack women by depriving them of their dignity, safety, and well-being.”
The Order defines sex as “an individual’s immutable biological classification as either male or female.” A female is defined as “a person belonging, at conception, to the sex that produces the large reproductive cell.” A male is defined as “a person belonging, at conception, to the sex that produces the small reproductive cell.” It rejects “gender ideology” and “gender identity” as the basis for any sex-based rights.
The term “gender” must be replaced by the term “sex” in official documents, such as passports and federal policies and documents. The Order states that each agency must promptly “rescind all guidance documents inconsistent” with the Order, including the Equal Employment Opportunity Commission’s (EEOC) “Enforcement Guidance on Harassment in the Workplace,” which was released in April 2024. The EEOC must change their verbiage to state that sex discrimination and harassment do not apply to anything other than biological sex. The EEOC will issue new guidance that defines sex as male and female per Trump’s executive order.
The U.S. Supreme Court’s 2020 Bostock v. Clayton County ruling is still effective and, per Title VII, protects sexual orientation and gender identity. The Order charges the Attorney General to issue guidance to agencies to disregard the ruling and use only sex-based language.
The Order impacts private employers’ anti-sexual harassment policies and training, restroom access policies, and religious and pregnancy accommodations. The Attorney General, Secretary of Labor, and the General Counsel and Chair of the EEOC must take action to enforce the policy. They have 120 days to create a plan.
The Know Your Rights Poster is being revised, and the EEOC has removed relevant content from their website. Title VII of the Civil Rights Act of 1964, other federal anti-discrimination laws, and state and local anti-discrimination laws are still in force. The EEOC released a document titled “State of the EEOC: Frequently Asked Questions” on February 4, 2025, to help citizens and employers understand the impact of new laws. The U.S. Attorney General will release additional guidance on the Order.
How:
- Consult with legal counsel to ensure compliance.
- Review your policies and language regarding transgender status, gender identity, and gender expression.
- Review DEI program principles and practices.
- Monitor for additional guidance that impacts employers.
Additional Resources:
Rescinded U.S. Supreme Court’s 2020 Bostock v. Clayton County
Who: Private sector employers
When: Effective immediately
On February 14, 2025, acting General Counsel William B. Cowen issued General Counsel Memorandum 25-05, which rescinded 31 Biden-Era labor memoranda that interpreted aspects of the National Labor Relations Act. Though the memoranda were not legally binding, they set the priorities of the National Labor Relation Board (NLRB) and often influenced legal arguments that became legally binding NLRB decisions. General Counsel Cowen’s memo does not reverse recent decisions, but it shows that the new NLRB will likely view the rule of labor law differently.
Three memos that General Counsel Cowen rescinded are tied to restrictive covenants:
- GC Memorandum 23-08, Non-Compete Agreements that Violate the National Labor Relations Act;
- GC Memorandum 25-01, Remedying the Harmful Effects of Non-Compete and Stay-or-Pay Provisions; and
- GC Memorandum 23-05, Guidance in Response to Inquiries about the McLaren Macomb Decision.
There were two types of rescissions: fully rescinded and pending further guidance, with the latter likely to be the focus of the current NLRB. To see the complete list of rescinded memos, see GC 25-05 Rescission of Certain General Counsel Memoranda.
How:
- Seek legal counsel if your agreements contain restrictive covenants or if you have questions about the rescinded memos.
- Continue to monitor for additional changes by the National Labor Relations Board (NLRB).
Additional Resources:
GC 25-05 Rescission of Certain General Counsel Memoranda Office of Public Affairs
2025 Minimum Wage Updates
KPA tracks state and local minimum wage changes for our Vera HR customers, providing them with updated labor posters and more.
Check out the latest minimum wage changes for 2025, typically updated in December and June to ensure you know about the majority of increases before taking effect on January 1 and July 1.
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OSHA Reporting Resource Hub
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