As the federal government is pursuing a more laissez-faire approach to AI regulation, the states are picking up the slack. The two most recent states with AI regulations are Colorado and Connecticut. 

Under the Supreme Court’s Muldrew doctrine, any term or condition that could impact or affect the employment opportunities of an employee, even when there are no visible changes to pay or benefits, could possibly lead to discriminatory discharges.  Some harm must still be demonstrated, but plaintiffs are no longer required to prove that the harm was “significant,” “substantial,” or “material.” In effect, the threshold for bringing discrimination...

Regulating AI and determining who should oversee it has become a major focus of the current administration. On July 23, 2025, President Trump issued three significant Executive Orders related to AI alongside the release of Winning the AI Race: America’s AI Action Plan. Together, these initiatives outline four primary policy objectives:

Although political fighting is at an all-time high in Washington DC, both parties are in agreement with tackling the joint employer conundrum.  The Department of Labor promulgated its proposed rule for joint employment. The regulation, titled Joint Employer Status Under the Fair Labor Standards Act, Family and Medical Leave Act and Migrant and Seasonal Agricultural Worker Protection Act, contains guidance for when "horizontal" joint employment exists and four factors for...

A memorandum dated April 17, 2026, directed to the Chief Acquisition Officers, et. al., by the Executive Order 14398 (EO 14398 or EO) of March 26, 2026, titled “Addressing DEI Discrimination by Federal Contractors” clarifies EO requirements that required a clause to be included in all federal contracts and subcontracts starting on April 25, 2026. EO 14398 specifically establishes that agencies should not do business with contractors that engage in any racially discriminatory...

The U.S. Immigration & Customs Enforcement (ICE) issued new rules regarding substantive and technical violations of Form I-9 on March 16. 2026. These rules have changed several technical violations into substantive violations.  The difference is the amount of the fine per day if the violations are found in an ICE audit. 

With recent military activity involving Iran, some employees may be called to support armed forces operations. The Uniformed Services Employment and Reemployment Rights Act (USERRA) applies to nearly all employers, regardless of size, including the federal government, and is enforced by the U.S. Department of Labor, which investigates related complaints.

Each year, the President initiates the federal budget process by submitting a proposed budget to Congress. Depending on the political makeup of Congress, that proposal may be revised significantly or fail to gain traction altogether. Ultimately, Congress holds the authority to determine federal spending.

On March 26, 2026, President Donald J. Trump signed an Executive Order (EO) focused on the elimination of racially discriminatory “diversity, equity, and inclusion” (DEI) practices by federal contractors and their subcontractors, ensuring merit-based and efficient contracting and employment.  This Executive Order focuses specifically on race discrimination within DEI, aligning with the administration’s broader emphasis on nondiscrimination policies related to White...

Programs in which college students combine education with work has grown in popularity the past few years.  Degreed apprenticeships are an old yet new approach for developing employees.  A report released by New America’s Center on Education & Labor found that about 350 institutions nationwide offered nearly 600 degreed apprenticeship programs integrated with associate, bachelor’s, or master’s degrees, preparing students for 91 different occupations.  The...

On February 26, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) Chair Andrea Lucas issued a letter to the chief executive officers, general counsel, and board chairs of 500 of the largest employers. These companies employ over 30 million workers and exert significant influence over the livelihood of millions of Americans. 

With the anti-DEI focus by the current administration and with a renewed focus on meritocracy, the current EEOC has taken up the torch to concentrate on merit-based discrimination, especially to restore equal opportunity for all workers, and in particular white males.  On December 17, 2025, Chair Lucas tweeted on X:

 

On February 27, 2026, the Department of Labor’s Wage and Hour Division issued a proposed rule to update the independent contractor rule and to rescind the previous administration’s rule.  The definition of an independent contractor has been long argued since the Fair Labor Standards Act (FLSA) was first passed in the 1930s.  The courts found that the FLSA never defined an independent contractor (IC) and as a result, a variety of court and federal administrative...

December 18, 2025, President Trump issued an Administrative Order directing the Attorney General to complete the rulemaking process to reschedule marijuana from Schedule I to Schedule III under the federal Controlled Substances Act.  However, currently, marijuana is still a Schedule 1 drug until otherwise notified, and there are nuances that HR needs to be aware of.  

An Individual Coverage Health Reimbursement Arrangements (ICHRA) is a type of employer-funded health benefit plan that allows an employer to reimburse employees for qualified medical expenses, including some or all of the premiums for individual-market health insurance coverage (or Medicare, if the person is Medicare-eligible), as well as the cost of out-of-pocket medical expenses.  It is similar to a Health Reimbursement Account (HRA) but has a broader application.