Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal, state, and local matters, as well as Littler’s published in-depth analyses of the prior week.
Congressional and Administrative News
Administration Releases Further Guidance on DEI Enforcement
On February 5, 2025, the U.S. attorney general sent a memorandum to all Justice Department employees explaining that “The Department of Justice’s Civil Rights Division will investigate, eliminate, and penalize illegal DEI and DEIA preferences, mandates, policies, programs, and activities in the private sector and in educational institutions that receive federal funds” and directing the Civil Rights Division and Office of Legal Policy to submit a report by March 1, 2025 making recommendations for enforcement efforts. The scope of what the Department will consider “illegal DEI” for these purposes is not yet clear. Separately on that same day, the Office of Personnel Management issued a memorandum noting that illegal DEI in the federal workplace includes “unlawful diversity requirements for the composition of hiring panels, as well as for the composition of candidate pools (also referred to as ‘diverse slate’ policies).” While OPM does not have jurisdiction over private-sector employers, those engaging in such programs may wish to consult with counsel to ensure legal compliance.
Weekly Labor and Employment News
Executive Order Tracker (Updated as of February 13, 2025)
Littler's Executive Order Tracker is your go-to resource for staying updated on all executive orders and actions issued by the Trump administration. We are tracking every order, analyzing its impact, and providing summaries to help you understand the changes and the implications to your business. Only those orders that impact compliance with labor and employment directives are identified with a topic. In the first 100 days, the Trump administration is also rescinding executive orders issued by previous administrations and those are available here.
Littler’s Workplace Policy Institute will keep readers apprised of relevant developments.
Littler Lightbulb – January Employment Appellate Roundup
This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month.
Trump Bans Transgender Women Athletes from Participating in Athletics
In the latest slew of executive orders affecting educational institutions, on February 5, 2025, President Trump signed an order titled, “Keeping Men Out of Women’s Sports.” This order states, “it is the policy of the United States to rescind all funds from educational programs that deprive women and girls of fair athletic opportunities…and oppose male competitive participation in women’s sports more broadly.” As seen in previous executive orders, Trump cites to his January 20, 2025, executive order, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” to determine the applicable definitions for the instant order.
As we mentioned here, as the executive orders and directives impacting educational institutions are currently changing at a rapid pace and will likely face legal challenges, we encourage you to consult with counsel regarding implementation of changes in connection with these issues as we continue to monitor ongoing developments.
Workplace Violence Prevention Programs and Executive Protection Considerations
Workplace Violence Prevention Programs (WVPP) are much more than active shooter training or providing personal security services to the CEO. In 2024, California mandated that virtually all employers implement an effective workplace violence prevention plan, and we have seen other jurisdictions impose industry-specific requirements in the last 12 months, such as New York State’s Retail Worker Safety Act. A very important aspect of the California-mandated plan is laying the groundwork for an employer to be prepared to respond to a crisis situation by developing processes to encourage reports of workplace violence and determine who needs to be in the room to evaluate situations and plan and execute the company’s response. This is just one building block of a comprehensive WVPP, however.
As of February 4, 2025, the New York Senate and Assembly approved a Chapter amendment to the Retail Worker Safety Act, a law that has drawn much attention and caused consternation among employers, legal practitioners and lawmakers. The proposed Chapter amendment is waiting on Governor Hochul’s signature for it to become law. The proposed Chapter amendment to the Act includes several changes.
Nearly all of the substantive provisions of Cal/OSHA’s non-emergency COVID-19 regulation expired on Monday, February 3, 2025. The event marked a significant end point to the regulatory journey that began on November 19, 2020, when California became the first jurisdiction to enact general workplace regulations specifically addressing COVID-19. California’s detailed COVID-19 requirements remained in effect much longer than those of any other jurisdiction, most of which already expired more than a year ago. Despite the expiration of nearly all of the COVID-19 non-emergency regulation, employers should remain attentive to their ongoing workplace safety duties.
Littler will remain directly engaged to assist employers as they navigate their compliance challenges and will continue to keep employers informed about new developments on the compliance horizon.
Oregon Increases Salary Threshold for Noncompetition Agreements
In January, the Oregon Bureau of Labor and Industries announced a new minimum salary threshold for noncompetition agreements. Effective immediately, for an Oregon noncompetition agreement to be enforceable, the total amount of the employee’s annual gross salary and commissions at the time of termination must exceed $116,427 (up from $113,241). In addition to meeting the minimum salary threshold, Oregon’s other statutory requirements for enforcing noncompetition agreements remain in effect.
Ohio’s Pay Stub Protection Act: What Employers Need to Know
Effective April 9, 2025, the Pay Stub Protection Act, codified as Ohio Revised Code Section 4113.14, mandates that every employer in the state provide each of their employees with a written or electronic pay statement that includes the employee's earnings and deductions for each pay period, on the employer's regular paydays. This pay statement must also include additional information.
In anticipation of the April 9, 2025, effective date, Ohio employers, including HR and payroll teams, should prepare pay stubs or review current paystubs to ensure compliance with these new requirements.
Upcoming Littler Events
February 18
First 100 Days of Trump Administration: Practical Immigration Advice for Employers
Webinar – This webinar will focus on immigration-related challenges and considerations for employers since President Trump took office and provide guidance on outcomes ahead. We will cover Trump's new executive orders on immigration and anticipated changes, immediate impact on employers, possible hiring challenges, employer preparedness for I-9 audits and other crisis management, as well as future trends in U.S. immigration law.
Time:
10:00 - 11:00 a.m. PT
11:00 a.m. - 12:00 p.m. MT
12:00 - 1:00 p.m. CT
1:00 - 2:00 p.m. ET
February 19
California Pay Data: Because Who Doesn't Love a Good Spreadsheet
Webinar – We are in our third year of California's expanded pay data reporting requirements. The speakers will present a refresher on the filing requirements, interpretation of the newly revised FAQs, lessons learned in the past years' filings, and tips for complying with this year's filing deadline of May 14, 2025.
Time:
10:00 - 11:00 a.m. PT
11:00 a.m. - 12:00 p.m. MT
12:00 - 1:00 p.m. CT
1:00 - 2:00 p.m. ET
