Compliance Stuff

The first challenge to President Trump’s Executive Orders targeting Diversity, Equity, and Inclusion in the private sector has resulted in a preliminary injunction. As we previously  reported , several organizations filed a  lawsuit  in federal court in Maryland challenging two of President Trump’s Executive Orders. Judge Adam B. Abelson (a Biden appointee)  ruled  that certain provisions in the Executive Orders are unconstitutional and  barred  the federal government from enforcing them. The operative provisions The plaintiffs are the National Association of Diversity Officers in Higher Education, the American Association of University Professors, Restaurant Opportunities Center United, and the Mayor and City Council of Baltimore. They challenged specific portions of the Executive Orders. With respect to Executive Order 14151, “ Ending Radical Government DEI Programs and Preferencing ,” the plaintiffs challenged t he provision directing the termi...

The  SECURE 2.0 Act of 2022 (SECURE 2.0) introduced  major changes to 401(k) plans, especially for small businesses. Three major changes take effect for plan years beginning after December 31, 2024 (January 1, 2025 for a calendar-based plan). They relate to automatic enrollment, long-term part-time eligibility, and catch-up contributions. As a small business owner, it’s crucial to understand the changes to ensure your 401(k) plan is compliant. Below we break down the SECURE 2.0 changes that will affect 401(k) plans for 2025, including practical steps to meet their requirements. If you need further assistance, contact your 401(k) provider. Automatic Enrollment in New Plans Automatic enrollment  is a 401(k) plan feature that automatically enrolls eligible employees at a preset default contribution rate, unless they actively opt out . The feature aims to simplify participation and increase retirement savings rates among employees. What’s New for 2025 SECURE 2.0 requires new ...

On February 13, 2025, Florida Governor Ron DeSantis signed into law two immigration-related bills aimed at assisting enforcement of President Trump’s immigration policies. Below are some key aspects of the new laws. One law creates new immigration-related state crimes and enhanced penalties . These changes include making it a crime for adults to knowingly enter the state illegally or attempt to do so . Voting by undocumented immigrants is a third-degree felony under the legislation . Another measure imposes the death penalty for any undocumented immigrant convicted of a capital felony in Florida. The law also increases penalties for all misdemeanor crimes committed by undocumented immigrants. A second law focuses on Florida’s students. U nder this measure, undocumented immigrants will no longer be eligible for in-state tuition at public colleges and universities. Beginning July of this year, students will be reevaluated for tuition classifications. Under these laws, approximately $300 ...

Florida largely follows federal employment laws, but under certain circumstances, Florida law provides greater protections to employees over and above its federal counterparts. This guide will highlight a few of these crucial variances to assist Florida employers in ensuring state law compliance and to provide an overview of state-level enforcement of the Sunshine State’s employment laws. Minimum Wage Florida’s minimum wage requirement has been increasing incrementally since 2021. As of September 30, 2024, non-tipped employees must be paid $13.00 per hour, and  for tipped employees, a direct hourly wage of $9.98. T hese requirements are set to increase on September 30, 2025 to $14.00 and $10.98, respectively . The final annual increase will take place on September 30, 2026, increasing the minimum wage to $15.00 for non-tipped employees and $11.98 for tipped employees. In 2027 and annually thereafter, the minimum wage requirements will be adjusted as necessary to account for inflat...

The Pregnant Workers Fairness Act (PWFA), which was passed in December 2022, requires a covered employer to provide reasonable accommodations for a qualified employee’s or applicant’s known limitations related to “pregnancy, childbirth, or related medical conditions,” unless the employer can demonstrate that the accommodation would impose an undue hardship on the employer’s operation of the business. In April 2024, the  EEOC published its Final Rule and Interpretive Guidance  (“Final Rule”) implementing the PWFA. As part of the Final Rule, the EEOC adopted a very broad interpretation of “pregnancy, childbirth, or related medical conditions” to encompass current pregnancy, past pregnancy, potential pregnancy, lactation (including breastfeeding and pumping), use of contraception, menstruation, infertility and fertility treatments, endometriosis, miscarriage, stillbirth, and decisions regarding abortion, among other conditions. Shortly after the Final Rule was published, 17 state...

Virginia has taken a step closer to becoming the second state (after  Colorado ) to enact comprehensive legislation addressing discrimination stemming from the use of artificial intelligence (AI), with the states taking different approaches to this emerging regulatory challenge. On February 12, 2025, the Virginia state senate passed the High-Risk Artificial Intelligence Developer and Deployer Act ( H.B. 2094 ) which, if signed into law, will regulate the use of AI in various contexts, including when it is used to make decisions regarding “access to employment.” The legislation now heads to Governor Glenn Youngkin’s desk for signature. If signed, the law will come into force on July 1, 2026, and will establish new compliance obligations for businesses that deploy “high-risk” AI systems affecting Virginia “consumers,” including job applicants. Quick Hits If signed into law by Governor Youngkin, Virginia’s High-Risk Artificial Intelligence Developer and Deployer Act (H.B. 2094) will g...