Compliance Stuff

Among the blizzard of executive orders issued following his inauguration, President Trump revoked former President Biden’s executive order addressing artificial intelligence (AI). A few days later, on January 23, 2025, President Trump issued his own AI executive order, entitled, “ Removing Barriers to American Leadership in Artificial Intelligence ” (“AI Executive Order”). As background, on October 30, 2023, then-President Biden issued an “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, ” which addressed concerns surrounding the use of AI. It identified several areas, including labor, competition, cybersecurity, education, health, and privacy. The Biden order not only called on federal agencies to collaborate, provide more guidance, and conduct training, but it also urged agencies to develop principles and best practices to mitigate harms and maximize benefits of AI for workers . Throughout the remainder of his term, President Biden’...

  In a series of swift and game-changing moves, President Donald Trump summarily dismissed National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo and Board Member Gwynne Wilcox late last night. While Abruzzo’s dismissal was widely anticipated, the unprecedented dismissal of Member Wilcox has raised significant procedural and policy questions for the federal labor agency in the short term and beyond . What do employers need to know about these two key moves? What Happened? Both Abruzzo and Wilcox were key figures at the NLRB under the previous administration. Abruzzo, viewed as one of President Joe Biden’s most progressive appointments, served as General Counsel – a role with broad prosecutorial discretion over labor law violations in the private sector. She pursued a more expansive view of workers’ rights, tackling issues such as restrictions on “ Black Lives Matter ” insignia,  noncompete clauses , so-called “ captive audience ” meetings, and the employment st...

Real World Impact:  A recent increase in complaints under the Illinois One Day Rest in Seven Act (ODRISA) highlights the necessity for Illinois employers to be familiar with the requirements of this law.     Introduction:   The ODRISA has been in existence since the 1970s. Buried within the ODRISA is also a meal break law. In recent years, the Illinois Department of Labor (IDOL) has seemingly processed more and more cases under this law, and we have found that many employers are still either unaware of the law, or unaware of its full scope . The potential for fines and penalties could be high enough to put some companies out of business. Nothing about ODRISA is particularly tricky, and employers should theoretically be able to understand and comply with it – if they are aware of it. This article will provide further information on the law and best practices for compliance. The Law ODRISA has two main components, allowing one day of rest (24 hours) after six days...

  Within days of his second inauguration, President Trump issued a number of Executive Orders. While the impact of his Executive Orders will be seen with time, many employers may be left wondering how the Executive Orders addressing Diversity, Equity, and Inclusion (“DEI”) impact them. With these new Executive Orders, private employers [1]  are justifiably re-evaluating any action they have planned to take to move DEI forward. Private employers need to know two critical factors. First, the recently issued Executive Orders addressing DEI only cover the federal government workforce. Second, an Executive Order cannot replace or contravene statutes enacted by Congress (federal laws), state laws, or Supreme Court precedent . As such, all federal laws, state laws and Supreme Court precedent prohibiting employment discrimination remain intact and unchanged by the recent Executive Orders, and significant changes to internal DEI efforts may result in increased discrimination claims....

  The U.S. Department of Homeland Security (DHS)   has published a notice   expanding the ability of Immigration and Customs Enforcement (ICE) to remove individuals deemed unlawfully present in the United States who are unable to prove U.S. residency for at least two years. It states, “This designation is effective on 6:00 p.m. EST on Tuesday January 21, 2025.” The new DHS notice rescinds a Biden Administration notice on the same subject issued on March 21, 2022. Expedited removal is a process used by ICE to remove individuals from the United States without a hearing before an immigration judge. Traditionally, expedited removal has been used to remove individuals with outstanding removal orders issued by an immigration judge, individuals seeking admission at ports of entry who are found inadmissible, individuals unlawfully present who are found near the border shortly after arrival, and individuals who arrive by sea. The notice already faces a legal challenge. The Ameri...

Minnesota is one of a dozen states that have  enacted a statewide program  providing compensation to employees during family and medical leaves. Minnesota’s law provides job protection and payment of benefits through a state-run insurance program to qualifying employees to take up to 12 weeks of leave for family and/or medical reasons (or a combined total of up to 20 weeks of leave if the employee qualifies for both types of leave in one benefit year) (“the Paid Leave Law”) . The insurance program will be funded through employer and employee contributions beginning on January 1, 2026. Employees can also begin applying for compensation beginning on January 1, 2026 . Recently, the  Division outlined how employers can use self-insured plans  or plans from an insurance carrier to comply with the Paid Leave Law. Th e Division refers to insurance plans providing coverage for Minnesota’s Paid Leave law as “Equivalent Plans.” Equivalent Plans must allow for the same, or more...

  The U.S. Supreme Court heard oral arguments on Jan. 13, 2025, in   Stanley v. City of Sanford  (No. 23-997), which addresses whether former employees have a right to sue their former employer under the Americans with Disabilities Act (ADA) for discrimination relating to receipt of post-employment fringe benefits. Factual Background Karyn Sanford is a former firefighter for the City of Sanford, Florida. In 2016, Sanford was diagnosed with Parkinson’s disease. Two years later, in 2018, she retired from the fire department as a result of her condition. During her employment with the City, the City’s benefit policy provided a health insurance subsidy to employees until the age of 65 who had retired after 25 years of service or because of a disability. In 2003, the City’s policy was amended to provide this subsidy until the age of 65 only to employees who retire after 25 years of service . The policy was further changed to provide the subsidy to those who retire as a result...

  The Trump administration has already begun to   implement significant changes   in U.S. immigration policy and work authorization enforcement is expected to be a top priority. Employers should review their Form I-9 compliance now and prepare for potential I-9 audits and worksite visits, experts said. “Federal law requires employers to use Form I-9 to document employment eligibility,” said Sarah Hawk, a partner in the Atlanta office of Barnes and Thornburg. “ Although some employers use the paper version of Form I-9, others also participate in E-Verify, a voluntary web-based system that compares information from an existing Form I-9 to government records to confirm an employee’s authorization to work in the U.S.” A surge in I-9 audits is expected under the new administration. “We expect heightened scrutiny on I-9s as the Trump administration enters office,” Hawk said. “We’ve had increased interest from clients seeking legal help on I-9 compliance, and we are conducting s...

  As eyes turned toward Washington this week and what employers anticipate on a range of labor and employment law issues, practitioners are keeping a close eye on how the changing landscape at the federal level may impact state action . While employers are always wise to track changes impacting their workforce, now more than ever is a good time to prepare for shifting sands and the need to regularly review and revisit policies and procedures to ensure compliance. Here are just some of the issues on which we expect to see activity at the state level. Civil Rights Enforcement and DEI Leading up to the inauguration, President Trump made statements to cut Diversity Equity and Inclusion (“DEI”) initiatives from the Federal Government.  Those statements came to fruition just days into the new administration through an  executive order  dismantling the federal government’s diversity and inclusion programs and placing DEI staff on paid leave immediately .  On the same d...