National Legal Updates

To view all legal updates, visit our Resources page and select the Legal Updates tab at the top.

If you're an existing ComplianceHR client, you can access these updates and robust links to learn more about each of these changes through the PolicySmart™ solution.

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National Legal Updates:

May 2025

• USERRA Protections Broadened by Dole Act

April 2025

• Federal District Court Temporarily Enjoins DEI Certification Provision for DOL Grant Recipients
• EEOC and Department of Justice Issue Technical Assistance on DEI
• USERRA Protections Broadened by Dole Act

March 2025

• U.S. Department of Education’s New “Dear Colleague” Letter Targets DEI Programs and Signals New Era of Title VI Enforcement
• Legal Challenge to PWFA Regulations by 17 States Revived by the Eighth Circuit
• Littler Provides Executive Order Tracker and Rescinded Order Tracker
• New Executive Order Issued on AI; Prior AI Order Revoked
• Legal Challenge to PWFA Regulations by 17 States Revived by the Eighth Circuit
• President Trump Revokes 60-Year-Old Executive Order Requiring Equal Employment Opportunity in Government Contracting
• Acting Secretary of Labor Brings All OFCCP Activities Under Executive Order 11246 to a Halt
• Executive Order Targets Prohibitions Against Sexual Orientation and Gender Expression Discrimination
• U.S. Department of Education’s New “Dear Colleague” Letter Targets DEI Programs and Signals New Era of Title VI Enforcement
• IRS Ruling Clarifies Employment Tax Implications of Paid Family and Medical Leave Programs
• Higher Ed DEI Practices to Be Reviewed Under President’s New Executive Order
• EEOC Acting Chair Issues Statement on Gender Identity, Removes Guidance on Transgender Issues
• President Trump Relies on Executive Orders to Promote Anti-IE&D Policies

February 2025

• Higher Ed DEI Practices to Be Reviewed Under President’s New Executive Order
• Trump Administration Day 1 Immigration Agenda: How Are Employers Impacted?
• President Trump Relies on Executive Orders to Promote Anti-IE&D Policies
• DOL Issues Opinion Letter on Applicability of the FMLA Substitution Rule When Employee on FMLA is Receiving PFML Benefits
• OSHA Withdraws Proposed Rules Involving COVID-19 and Infectious Diseases
• President Trump Revokes 60-Year-Old Executive Order Requiring Equal Employment Opportunity in Government Contracting
• IRS Ruling Clarifies Employment Tax Implications of Paid Family and Medical Leave Programs
• Incoming Administration Rescinds “Right of First Refusal” Requirements for Certain Employees of Federal Contractors
• Acting Secretary of Labor Brings All OFCCP Activities Under Executive Order 11246 to a Halt
• New Executive Order Issued on AI; Prior AI Order Revoked
• Littler Provides Executive Order Tracker and Rescinded Order Tracker
• EEOC Acting Chair Issues Statement on Gender Identity, Removes Guidance on Transgender Issues
• Executive Order Targets Prohibitions Against Sexual Orientation and Gender Expression Discrimination

January 2025

• Penalties for DHS Immigration-Related Violations Rise Again in 2025 (effective Jan 02, 2025)
• EEOC Issues Final Rule on Demographic Reporting Requirements Under Title VII, the ADA, GINA and the PWFA (effective Jan 10, 2025)
• U.S. Department of Homeland Security Issues Final Rule on H-2 Visa Program Requirements (effective Jan 17, 2025)
• OSHA Announces New Higher Penalties for Violations in 2025 (effective Jan 15, 2025)
• Federal Employer Reporting Improvement Act Amends Taxpayer Identification Number Reporting Requirements (effective Jan 01, 2025)
• Federal Paperwork Burden Reduction Act Changes Health Insurance Coverage Statement Requirements
• U.S. DOL Issues Final Tipping Regulation Under the FLSA, Restoring Regulatory Language
• NLRB Returns to “Clear and Unmistakable Waiver” Standard for Unilateral Changes
• EEOC Fact Sheet on Wearable Technologies Indicates Growing Concern over Employee Monitoring

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November 2024

• U.S. DOL Issues Final Rule on Mental Health Parity and Addiction Equity Act (effective Nov 22, 2024)

October 2024

• Fifth Circuit Vacates DOL’s 80/20/30 Rule for Tipped Employees
• Texas Court Sets Aside the FTC’s Non-Compete Rule with Nationwide Effect
• Littler Insight: Politics in the Workplace and the Risks of Social Media
• U.S. DOL Issues Final Rule on Mental Health Parity and Addiction Equity Act

September 2024

• SEC Continues to Attack Non-Disclosure Agreements and Personnel Policy Provisions that Could Impede Employees from Reporting Potential Violations of U.S. Securities Law
• NLRB Final Joint-Employer Rule Dramatically Expands Definition of Joint Employment Under the NLRA
• Fifth Circuit Vacates DOL’s 80/20/30 Rule for Tipped Employees
• Texas Court Sets Aside the FTC’s Non-Compete Rule with Nationwide Effect
• Littler Insight: Politics in the Workplace and the Risks of Social Media

August 2024

• Pennsylvania Federal Court Declines to Block FTC’s Non-Compete Rule
• DOL Shifts Wage Data Source for Occupations

July 2024

• DOL Shifts Wage Data Source for Occupations (effective Jul 01, 2024)
• Pension Benefit Guaranty Corporation Publishes New Rule on Valuing Pension Liabilities (effective Jul 08, 2024)
• OSHA Adopts Final Rules Updating Hazard Communication Standard (effective Jul 19, 2024)
• Texas District Court Narrowly Enjoins White-Collar Overtime Regulations
• U.S. Supreme Court Rolls Back “Deference” to Federal Agencies and Opens Up More Challenges to Regulations
• DOL Issues Artificial Intelligence Principles
• Littler Insight Addresses Politics in the Workplace

June 2024

• EEOC Releases Expansive Final Regulations to Implement the Pregnant Workers Fairness Act–Includes Updates to Sample Policy (effective Jun 18, 2024)
• U.S. Dept. of Health and Human Services Issues Final HIPAA Rule on Reproductive Healthcare Information (effective Jun 25, 2024)
• A Look at the Proliferation of New Legislation Addressing IE&D Across the Country
• OSHA Adopts Final Rules Updating Hazard Communication Standard
• U.S. Dept. of Health and Human Services Issues Final HIPAA Rule on Reproductive Healthcare Information

May 2024

• Department of Labor Publishes Final Rule to Update the Salary Level for Overtime Eligibility
• EEOC Releases Expansive Final Regulations to Implement the Pregnant Workers Fairness Act–Includes Updates to Sample Policy
• OSHA Updates its Worker Walkaround Representative Regulation
• FTC Issues Final Rule Effectively Banning Workplace Non-Compete Agreements–Includes Notice Requirement
• EEOC Updates Workplace Harassment Guidance
• NLRB Final Joint-Employer Rule Dramatically Expands Definition of Joint Employment Under the NLRA

April 2024

• That’s A Wrap! CDC Reduces Recommended COVID-19 Isolation Period
• Federal Court Vacates NLRB Joint Employer Rule, Restores 2020 “Substantial Direct and Immediate Control” Standard

March 2024

• U.S. Department of Labor Finalizes Independent Contractor Regulation (effective 03/11/24)

February 2024

• U.S. Department of Labor Finalizes Independent Contractor Regulation

January 2024

• OSHA Adopts Final Rule on Workplace Injury and Illness Reporting Requirements (effective 01/01/24)
• New, Updated National Handbook Template Now Available

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December 2023

• Federal Government Enacts Respect for Marriage Act, Repeals Defense of Marriage Act (effective 12/13/23)

November 2023

• SEC Continues to Attack Non-Disclosure Agreements and Personnel Policy Provisions that Could Impede Employees from Reporting Potential Violations of U.S. Securities Law
• NLRB Final Joint-Employer Rule Dramatically Expands Definition of Joint Employment Under the NLRA

September 2023

• The United States Securities and Exchange Commission Adopts Final Rule on Standardized Security Risk Disclosures (effective 09/05/23)
• The United States Securities and Exchange Commission Adopts Final Rule on Standardized Security Risk Disclosures
• DOL Proposes to Significantly Increase the Minimum Salary Level to Qualify for the “White Collar” Overtime Exemptions
• The Supreme Court “Clarifies” the Undue Hardship Standard in Religious Accommodation Claims–Now Includes Updated Religious Accommodation Policy
• EEOC Releases Expansive Proposed Regulations to Implement the Pregnant Workers Fairness Act
• NLRB’s Cemex Decision Facilitates Card Check Recognition and Lowers Threshold for Issuing a Bargaining Order Without an Election
• OSHA Adopts Final Rule on Workplace Injury and Illness Reporting Requirements
• NLRB Adopts Tough New Standard for Workplace Rules

August 2023

• USCIS Announces Alternative Procedure for Completion of Form I-9 – Permanent Virtual Verification (effective 08/01/23)
• CMS Withdraws COVID-19 Vaccine Mandate (effective 08/04/23)
• Supreme Court Rules that Businesses May Deny “Expressive Services” to the Public Based on Their Owner’s Beliefs

July 2023

• The Supreme Court “Clarifies” the Undue Hardship Standard in Religious Accommodation Claims
• U.S. Department of Transportation Adopts Oral Fluid Testing for Regulated Drug and Alcohol Programs
• CMS Withdraws COVID-19 Vaccine Mandate
• Employers Have 30 Days to Reach Compliance after I-9 COVID Flexibilities End on July 31, 2023
• OSHA Launches Nationwide Program Focusing on Workplace Falls
• U.S. Supreme Court Strikes Down Race-Conscious Admissions – What Does it Mean for Employers?
• EEOC Issues Guidance on Use of Artificial Intelligence Tools in Employment Selection Procedures Under Title VII
• National Labor Relations (Once Again) Narrows Definition of "Independent Contractor" Under the National Labor Relations Act
• Littler Publishes Report Examining Generative AI in the Workplace

May 2023

• OSHA and DOL Issue Final Rule on Procedures for Handling Retaliation Claims Under Taxpayer First Act

April 2023

• OSHA and DOL Issue Final Rule on Procedures for Handling Retaliation Claims Under Taxpayer First Act
• Littler Publishes Guide: What COVID-19 Leave is Left?
• Congress Further Relaxes Hiring Restrictions for Banking Personnel with Criminal Histories
• DOL Issues Guidance on Tracking Hours Worked by Teleworkers Who Take Breaks
• NLRB Decision Addresses Interaction between Confidentiality and Nondisparagement Provisions in Severance Agreements and Section 7 Rights
• OFCCP Again Extends Deadline for Submitting Objections to EEO-1 Disclosure, But New Wrinkles Added
• Supreme Court Holds Day Rate Pay Cannot Satisfy the Salary Basis Test
• Littler Spotlights Trends in Pending Legislation

March 2023

• Littler Publishes Guide: What COVID-19 Leave is Left?
• Congress Further Relaxes Hiring Restrictions for Banking Personnel with Criminal Histories
• DOL Issues Guidance on Tracking Hours Worked by Teleworkers Who Take Breaks
• NLRB Decision Addresses Interaction between Confidentiality and Nondisparagement Provisions in Severance Agreements and Section 7 Rights
• OFCCP Again Extends Deadline for Submitting Objections to EEO-1 Disclosure, But New Wrinkles Added
• Supreme Court Holds Day Rate Pay Cannot Satisfy the Salary Basis Test
• Littler Spotlights Trends in Pending Legislation

February 2023

• FTC Proposes Rule Banning Non-Competes
• USERRA Expanded to Cover FEMA Reservists--New, Updated Policy Now Included
• Congress Expands Protections for Pregnant Employees and Employees Who Are Nursing
• Federal Government Enacts Respect for Marriage Act, Repeals Defense of Marriage Act
• Top 5 Changes in the SECURE 2.0 Act for Plan Sponsors and Participants
• IE&D Hot Topics for Employers: Looking Back at 2022 and Preparing for 2023
• Publicly Traded Employers Will Need to Implement a Policy on Clawing Back Incentive Pay from Former and Current Executive Officers

January 2023

• Treasury Department Issues Guidance on the Inflation Reduction Act’s Prevailing Wage and Apprenticeship Requirements
• President Biden Enacts Speak Out Act Curtailing the Use of Pre-Dispute Non-Disclosure and Non-Disparagement Clauses Involving Sexual Assault and Harassment Claims
• New Laws Extend Employment Authorization Eligibility Granted to Refugees/Parolees to Certain Individuals from Afghanistan and Ukraine
• Federal Government Enacts Respect for Marriage Act, Repeals Defense of Marriage Act
• Congress Expands Protections for Pregnant Employees and Employees Who Are Nursing
• FTC Proposes Rule Banning Non-Competes
• USERRA Expanded to Cover FEMA Reservists–New, Updated Policy Now Included

December 2022

• OFCCP Sued to Compel Release of EEO-1 Data
• Dear Littler Addresses Laws Requiring Customer Access to Restrooms
• NLRB General Counsel Calls for Board to Crack Down on Electronic Surveillance and Automated Management Practices

November 2022

• USCIS Announces Employers Should Continue to Use Current Version of Form I-9 After Oct. 31, 2022
• Department of Labor Proposes New Rule for Independent Contractor Status
  DHS/ICE Extends I-9 Remote, Virtual Verification until July 31, 2023
• Dear Littler Addresses Requests for Time Off for Religious Observance
• NLRB General Counsel Calls for Board to Crack Down on Electronic Surveillance and Automated Management Practices
• USERRA Expanded to Cover FEMA Reservists–Policy Updates Forthcoming
• Dear Littler Addresses Laws Requiring Customer Access to Restrooms
• EEOC Releases Updated “EEO is the Law” Poster

October 2022

• Dear Littler Addresses Monkeypox
• Department of Labor Proposes New Rule for Independent Contractor Status
• DHS/ICE Extends I-9 Remote, Virtual Verification until July 31, 2023

September 2022

• The Fourth Circuit is First to Rule that ADA Protects Gender Dysphoria
• Monkeypox: What Does this Mean for Employers?

August 2022

• Littler Insight Addresses Employer Considerations for Navigating Evolving Gun Laws

July 2022

• Supreme Court Permits Arbitration of Individual PAGA Claims
• Temporary DHS Rule Increases Cap for H-2B Workers
• Littler ASAP Addresses Impacts of Dobbs Decision on Employer Benefit Plans
• Spring Regulatory Agenda Provides Roadmap to Anticipated Federal Rulemaking

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