Trump’s Recent Job Law Changes: Key Developments You Should Know

The Trump second term has been hectic signing a series of executive orders that are reshaping the regulations of U.S. employment, labor, and immigration law. These executive actions have significant implications in terms of affirmative action obligations for government contractors, enforcement of immigration policy, and workplace diversity initiatives. Examination of these significant changes and what companies should know going forward follows.

Tracking Executive Actions

Since the beginning of its second term, the Trump government has been releasing a series of executive orders targeting labor, employment, and immigration issues. Among the orders are the reforms that have a direct impact on affirmative action policies for government contractors and those with the potential to have the effect of further examining private-sector inclusion, equity, and diversity (IE&D) programs.

As all these changes unfold, employers and workers need to get ahead. RD Law Group’s Employment Attorney, Alex Derval, has the following to say, “Both employers and employees need to get ahead of further developments, as there could be further orders in the coming weeks.”

Key Policy Reforms:

The most significant policy reforms, including affirmative action and government contracting, are revolutionizing how businesses conduct their operations and employee hiring. The most significant policy reforms are:

1. Affirmative Action for Government Contractors

Perhaps the biggest U-turn the Trump administration has done is on affirmative action rules for most of the government contractors. An executive order revoked the 1965 directive (Executive Order 11246), basically rescinding the mandate of the government contractors to adopt affirmative action programs for women and minorities. Contractors are now no longer required to create or put into place programs aimed at advancing diversity, specifically women and minorities.

But the provisions for veterans’ status and disability remain. Government contractors must still do so under the provisions of the new civil rights law. In addition, the federal agencies are asked to enforce current legislation dealing with civil rights, perhaps as far as private-sector employers by inquiry as to whether their IE&D programs are in noncompliance.

2. Inclusion, Equity, and Diversity (IE&D) Programs

Some of the previous executive orders pertaining to IE&D were revoked. Consequently, employers must now examine their inclusion and diversity initiatives to ensure compliance with the policies of the new administration. Employers who have IE&D initiatives are now subject to possible scrutiny to ensure compliance with the new guidelines. The likelihood of investigating whether private sector companies’ IE&D initiatives are legally compliant is now a fact.

3. Government Contracting and “Right of First Refusal”

Another breathtaking amendment is the repeal of Executive Order 14055, where successor government contractors were obligated to hire outgoing contractor workforce employees. With the “Right of First Refusal” law repealed, successor contractors no longer have to employ the outgoing contractor workforce. Successor contractors are free to hire their own labor without any obligation to provide employment opportunities to the outgoing contractor workforce.

4. Immigration Enforcement and Workplace Crackdowns

Alongside the reforms of the government contractor and the IE&D program, the Trump administration has also produced a sequence of executive orders which have been targeted at immigration enforcement. The orders target vetting and screening of visa holders as well as intensified scrutiny of illegal immigrants.

Also expected are more “crackdowns,” like workplace enforcement initiatives, which could see companies facing increased scrutiny over the immigration status of their workers. Employers can expect to be subjected to more rigorous checks, especially on the legal status of their workers.

What’s Next?

With the Trump administration continuing to issue executive orders, companies can anticipate additional changes at a quick pace. The style of leadership from the administration implies additional executive orders are on the horizon, maybe reinstating affirmative action policies, immigration enforcement policy, and other labor laws.

Businesses must be proactively taking action and continuing to revisit their in-house policies to ensure they are in line with such changing legislation. Specifically for government contracting, businesses will be required to react to new affirmative action and immigration law provisions on employment practices. Anticipating future changes on affirmative action and immigration law will enable businesses to remain at the leading edge.

Key Takeaways:

• Affirmative Action: Most affirmative action provisions for government contractors have been eliminated, including requirements to achieve diversity for women and minorities. Disability and veterans’ status are still with obligations.
• Inclusion, Equity, and Diversity Programs: Some employers had been subject to numerous prior executive orders relating to IE&D, but most of these were revoked. Employers are nonetheless urged to review their programs to bring them into compliance with new standards.
• Immigration: The administration has introduced provisions for tougher enforcement of immigration laws, such as increased chances of illegal worker raids.
• Government Contracting: The “Right of First Refusal” of the successor contractor has been abolished so that new contractors can utilize their own employees without providing employment to the workers of the outgoing contractor.

Conclusion

The Trump second term executive orders have brought about unprecedented immigration, employment, and labor law reforms in the United States. Companies need to remain updated and compliant with these reforms to escape legal action and keep pace with the dynamic policy environment.

As Employment Attorney for RD Law Group, Alex Derval, warns, both employees and employers should tune in closely, as other executive orders are sure to follow within the coming weeks. Keeping up to date will assist companies in avoiding potential legal pitfalls and compliance with the new rules.