Employment Law Watch: New Administration Updates 1-31-25

The new administration’s executive orders could impact private sector employers. Below we have listed some potential effects and ways employers can prepare. Landrum will stay ahead of changes, appeals, and the variance of information. We will continue to update you and monitor the first 100 days of the new administration and beyond.

Current changes and probable future impacts:

• Increased Immigration and Compliance Enforcement: The administration has issued executive orders aimed at reshaping immigration policies, which include a renewed focus on enforcement measures like I-9 audits. Employers should prepare for the possibility of increased I-9 audits conducted by U.S. Immigration and Customs Enforcement.
• Compliance with Anti-Discrimination Laws: Employers should ensure their policies and practices comply with federal regulations. This includes reviewing hiring, promotion, and termination processes to avoid any discriminatory practices.
• Changes in DEI Initiatives: The revocation of EO 11246 and the shift away from DEI programs may lead employers to reassess their diversity and inclusion strategies. This could affect how they approach recruitment, training, and workplace culture.
• Merit-Based Hiring: The emphasis on merit-based hiring may require employers to adjust their recruitment processes to focus more on skills and qualifications.
• OFCCP Audits: Changes to OFCCP audits mean that federal contractors will need to be prepared for different compliance checks, focusing less on DEI initiatives and more on other compliance aspects.

How to prepare:

• Review and Update Policies: Review your current policies and practices to ensure they comply with the new executive orders. This includes anti-discrimination policies, hiring practices, I9 filings, and DEI initiatives.
• Training and Education: Provide training for HR and management teams on the new regulations and how to implement them effectively. This can help ensure that everyone is aware of the changes and how to comply with them.
• Conduct Internal Audits: Regularly conduct internal audits to identify any potential compliance issues and address them proactively. This can help avoid any penalties or legal issues down the line.
• Consultation: Consult with your legal counsel to understand the full implications of the executive orders and ensure that your company is fully compliant. Legal counsel can provide guidance on specific actions to take and help navigate any complex legal requirements.
• Communicate with Employees: Keep employees informed about any changes to policies or practices resulting from the new executive orders. Clear communication can help reduce uncertainty and ensure a smooth transition.
• Monitor and Adjust: Continuously monitor the progress of the changes and be prepared to adjust as needed. This ensures that the changes are effective and sustainable.

By taking these steps, private employers can better prepare for the impacts of the recent executive orders and ensure compliance with federal regulations. This content is for informational purposes only and should not be considered legal advice. Consult your legal counsel for guidance specific to your situation. If you have any questions, please reach out to your Landrum HR Business Partner.