OSHA Updates its Heat Emphasis Program

The federal workplace safety watchdog agency recently announced on April 10th it was renewing its special enforcement focus on heat risks to workers via an updated National Emphasis Program (NEP) ahead of the summer season, ramping up the urgency for employers to prepare for the rising temperatures. Although there’s currently no federal rule that sets specific heat stress mitigation requirements or a threshold for when protections should be implemented, OSHA does have tools to crack down on employers who don’t take heat risks seriously. It’s also important to be familiar with the rules in the jurisdiction you’re operating in, as at least seven states have their own heat stress rules. You should act now before temperatures rise, particularly in industries involving outdoor work, that require heavy or bulky equipment, or where workers are performing strenuous tasks. Here’s everything you need to know about how to keep your staff safe in hot temperatures and what rules you may need to follow.

Federal State of Play

OSHA has been developing a nationwide workplace heat safety standard that would set specific triggers for employers to protect outdoor and certain indoor workers from extreme temperatures. The initiative, which rolled out during the Biden administration, has faced business opposition due to compliance costs.

As originally proposed, the standard would require businesses to provide water, shaded break areas, hire a heat safety coordinator, among taking other preventative steps, when workers are exposed to temperatures at or above 80 degrees Fahrenheit. More requirements kick in when it reaches 90 degrees Fahrenheit or more.

The proposal would also generally require employers to conduct regular heat risk assessments and audits, offer acclimatization programs that gradually increase workloads and exposure time to build up a worker’s tolerance to heat, implement training on how to identify and respond to heat illnesses, as well as develop a written heat injury and illness protection plan.

The Trump-led DOL continued to move forward with the proposal by holding a hearing last summer and a post-hearing comment period that wrapped last September. However, many observers expect the Trump administration to scale back the proposal into something less prescriptive. In the DOL’s regulatory agenda, OSHA indicated that it intends to develop a final heat rule that “adequately protects workers, is feasible for employers, and is based on the best available evidence.”

Updated NEP on Heat-Related Hazards

Since last summer, there’ve been no substantive developments on the proposed national heat standard. In the interim, the DOL announced on April 10th it had updated its NEP on protecting workers from outdoor and indoor heat-related hazards, which will be in place for five years. The revised program focuses inspections and outreach in industries and workplaces where heat stress risks are most likely to occur based on BLS data.

What Changed in the NEP?

The revised NEP includes guidance that OSHA believes will improve tracking and more effectively implement the program’s enforcement and outreach efforts. The industries focused on in the program have also been updated, with 46 target industries removed, 22 added, and 33 retained, for a total of 55 target industries. The new list includes pig farming, cheese and meat processing, plastics and concrete manufacturing, some steel and machinery businesses, department stores, air transportation, and certain housing and relief service providers. Employers should review these updated industries closely.

The new NEP also removes background information and eliminates a former numerical inspection goal. And employers can find reorganized appendices in the program’s updated documents: one for evaluating heat programs and another for citation guidance.

What Did Not Change?

The NEP emphasizes that OSHA conducted nearly 10 times the number of heat-related inspections from 2022 and 2025 compared to 2015 and 2020. The agency says its compliance officers “will continue to conduct outreach and compliance assistance and expand any inspection where there is evidence of heat-related hazards on heat priority days.”

Put bluntly: OSHA inspectors will continue to attempt to expand the scope of any other inspection types when, in the inspector’s view, a heat hazard also exists. And, as in the prior NEP, “compliance officers will conduct random inspections focused on heat hazards in high-risk industries on days when the National Weather Service issues a heat advisory or warning.”

State Rules

Even without a federal standard on the books, your business may still be required to take specific steps to protect your employees from heat, depending on where you operate. A handful of states – California, Colorado, Minnesota, Maryland, Oregon, Nevada, and Washington – have implemented their own heat safety rules, although some are limited to certain industries. And Virginia’s governor just signed legislation April 13th that directs the state’s labor department to develop rules to protect workers from heat illness on the job.

Businesses that are in or have employees working in any of these states should familiarize themselves with these local requirements and ensure their policies are in compliance. Generally, these state laws require employers to take steps similar to what was proposed by the Biden administration, such as conducting a hazard assessment, designating a supervisor to watch for signs of heat illness, or standing up a heat safety plan. Mitigation steps are also tied to specific temperature thresholds in some state rules. Talk with your FP counsel to determine if your business may be covered by one of these state regimes.

6 Practical Steps to Protect Workers from Summer Heat

Regardless of what rules govern your workplace, here are steps you can take to best protect your workers during the hotter seasons.

1. Check the Heat Index to Set Triggers

The heat index (which also measures humidity) is a better indicator of risk than temperature alone. Start precautions around 80°F heat index and increase protections at 90°F and above.

2. Provide Ample Water and Rest Breaks

Water and rest are the simplest and easiest ways to keep your workers safe from potential heat illness. Ensure cool water is plentily available and encourage staff to drink water frequently. OSHA recommends that employees should drink 4 to 6 ounces every 15 to 20 minutes. Ensure water breaks are included in the daily work schedule and that managers are reminding staff to take rest breaks. Allow for unscheduled rest breaks and ensure rest areas are shaded.

3.  Schedule Around the Weather

Plan the most strenuous work tasks for early mornings or cooler parts of the day. Rotate workers to reduce prolonged exposure.

4. Create a Heat Illness Prevention Plan

Draft a prevention program to mitigate against heat-related injuries and illnesses. Conduct a hazard analysis to identify what roles are at risk for heat illness and use those findings to develop a prevention program specific to your company. If you are in a state OSHA plan location, be sure to review your heat illness prevention program plan against any state requirements. Documenting your business’s policies and protocols related to heat illness, as well as clearly outlining emergency procedures in a central policy document, is key to a strong, uniform, heat prevention program.

5. Implement Acclimatization for New and Returning Workers

The risk of heat illness is highest during the first few days on the job.

• Ease in new workers gradually over five to seven days
• Start with lighter tasks and increase workload over time
• Pair new workers with trained supervisors for close monitoring
• OSHA provides a full list of detailed recommendations that you should implement for a one-to-two-week period, including guidance on work periods, rest breaks, job tasks, and more.

6. Train Supervisors and Staff to Recognize Red Flags

Train all staff on emergency response procedures and empower managers to act quickly. Designate someone at each worksite to monitor worker health and conditions on days of extreme heat. You may also consider requiring a buddy system on hot days and enforcing a procedure for employees to report heat stress symptoms.

When Employees Are in Crisis: A Practical Resource to Guide Employers

Courtesy of Fisher & Phillips LLP

When an employee stops showing up to the office, talks about wanting to give up, or appears impaired during work hours, managers and HR staff might feel unsure how to respond. But you can be supportive while also addressing legal obligations, safety, and business needs through a bit of planning, training, and resources. While employers are generally not mental health professionals, you can play a critical role in identifying warning signs and connecting employees with the support they need. Here are eight practical steps to help your managers and HR department respond in real time to serious and sensitive situations, as well as the key legal points to keep in mind.

1. Train Managers and Employees to Recognize Warning Signs

Managers and co-workers are often the first to notice changes in an employee’s behavior. Watch for frequent absences, poor performance, detachment, or comments that suggest they feel hopeless or are thinking about self-harm.

Action Items

• Provide managers with a reference guide that includes check-in language, such as: “I’ve noticed you seem overwhelmed lately. How are you doing?” The National Alliance on Mental Illness (NAMI) says the key is being understanding and non-judgmental.
• Emphasize that employees and managers alike should follow the organization’s crisis and workplace violence prevention protocols rather than attempt to manage the situation themselves. They should raise concerns with their manager or HR as soon as they see a potential issue.
• Remind managers and HR that they should respect employee privacy and should not ask for a specific diagnosis, details of treatment, or other unnecessary medical information.

2. Establish Clear Internal Response Procedures

Developing a clear internal process for handling a crisis at work – and ensuring employees are familiar with it – can help ensure a consistent and safe response.

Additionally, it is recommended to develop a workplace violence prevention plan with procedures for responding when an employee’s conduct poses a safety risk to others. Note that:

• California requires that virtually all employers have workplace violence prevention plans, which include procedures for alerting employees of the presence, location, and nature of workplace violence emergencies.
• Otherwise, employers are expected to maintain a hazard-free workplace under the Occupational Safety and Health Act’s General Duty Clause.
• When it comes to enforcement, OSHA agencies typically look at whether an employer knew or should have known of a serious risk and failed to act. Yet employers need to balance their OSHA obligations with confidentiality concerns under disability discrimination and privacy laws.
• This underscores the benefit of engaging legal counsel early to mitigate risks in difficult situations with complex compliance considerations.

Action Items

You may want to create written procedures that outline:

• Who employees should contact internally when a crisis arises.
• When emergency services should be called.
• When crisis resources such as the 988 Suicide and Crisis Lifeline may be appropriate.
• When to call legal counsel.

You should train managers on these procedures periodically, so the appropriate protocols remain fresh in their minds if a situation arises.

3. Consider ADA and FMLA Implications

When you’re managing employee mental health, you’ll need to consider potential implications under the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and similar state laws. Key considerations include:

• Employees with mental health conditions may be entitled to a reasonable accommodation, such as leave time, additional breaks, or a modified schedule. You should engage in a back-and-forth “interactive” dialogue to identify potential reasonable accommodations.
• Certain mental health conditions may also qualify as a serious health condition under the FMLA, particularly if they involve inpatient care or ongoing medical treatment.
• Recognize that additional laws and resources may come into play, such as state leave and disability-related laws and short-term disability.

Action Items

• When an employee’s crisis affects attendance or performance, HR should evaluate whether leave or other workplace accommodation is required.
• Ensure managers know to contact HR when an employee references difficulty performing their job because of a health condition.
• When requesting medical information to support leave or accommodation, limit requests to functional limitations and anticipated restrictions, consistent with applicable federal and state law.

4. Address Unexplained Absences Thoughtfully

Unexcused no-shows and prolonged absences are often legitimate grounds for terminating employment, but they may also signal a crisis.

• Employers should maintain consistent attendance policies while allowing HR to evaluate whether to excuse such absences based on legal protections or company policy as applied.
• Employers commonly have policies that require employees to give reasonable notice regarding absences – and they may consider a three-day “no show” a voluntary separation (unless state laws require longer notice). While this is generally a permissible policy, it should also allow HR to evaluate whether FMLA leave, ADA accommodations, or other leave rights apply.

Action Items:

• Create a fair and consistent process for handling no-shows in a way that balances operational needs, legal protections, and potential health conditions.
• Work with experienced legal counsel to create balanced policies and procedures in this area.

5. Handle Substance Use Concerns with a Safety Focus

Substance use disorder may intersect with mental health conditions, and in some cases, may qualify as a disability under the ADA and equivalent state law. At the same time, employers must maintain safe workplaces and are not required to allow an employee to be impaired on the job. Therefore, substance abuse policies should distinguish between:

• Active impairment while working or on work premises
• An underlying substance use disorder
• Lawful use of prescribed medication
• Participation in treatment or recovery programs

Action Items

• You should train managers to focus on observable workplace behaviors (such as unsafe equipment operation or clear signs of impairment) rather than speculating about a medical condition.
• Managers and supervisors should know when to halt unsafe activities immediately – and know who to contact in HR or on your legal team to guide them through the process from there. Safety comes first, but it’s also important to avoid assumptions.
• Employers may also consider recovery-supportive approaches, such as allowing time off for treatment or using return-to-work agreements where appropriate, as well as legally compliant drug testing protocols.

6. Make Use of Employee Assistance Programs

Employee Assistance Programs (EAPs) can provide confidential counseling and referrals to outside services, among other resources. An effective EAP can be the foundation of an employer’s workplace mental health support system.

Action Items:

• Promote the EAP as a voluntary and confidential resource for employees and their families.
• Clearly communicate protections and limitations.
• Consult legal counsel before requiring EAP participation as part of a return-to-work agreement, since mandatory participation may raise concerns under various employment laws.

7. Protect Confidentiality But Don’t Overpromise

Confidentiality requirements apply to employee medical information, including mental health conditions. Additionally, employers should store medical information separately from personnel files.

However, to the extent an employee seeks confidentiality in raising concerns about their own or a co-worker’s condition, you don’t want to promise complete confidentiality. You may need to share critical information with appropriate internal leaders and outside resources or emergency service providers on a need-to-know basis.

Action Items

Ensure your policies and practices:

• Prohibit disclosure of an employee’s health condition to co-workers with no need to know.
• Share only necessary information, such as adjustments to tasks, assignments, and duties – or temporary coverage arrangements.
• Curb workplace gossip and maintain employee privacy.

8. Plan for Return-to-Work and Continued Support

Employees returning from mental-health-related leave often need additional support as they adjust to being back at work.

Action Items

• Review your return-to-work procedures and consider addressing fitness-for-duty certifications, modified schedules, and other accommodations when appropriate.
• Schedule check-ins during the first few weeks back to review expectations and provide support.

👉 For more tips on mental health awareness in the workplace, read the Fisher & Phillips complete guide here.

Reminder: OSHA 300A Logs Must Be Posted by February 1st

All OSHA 300A logs must be posted by February 1st in a visible location for employees to read. The logs need to remain posted through April 30th.

Please note the 300 logs must be completed for your records only as well. Be sure to not post the 300 log as it contains employee details.
The 300A log is a summary of all workplace injuries, including COVID cases,  and does not contain employee specific details. The 300A log is the only log that should be posted for employee viewing.

Please contact our office if you need a copy of either the OSHA 300 or 300A logs.

10 Workplace Predictions for 2026: Key Trends for Employers to Track

We won’t pretend to have a crystal ball when it comes to what will happen in the labor and employment legal landscape in the new year, especially given the nature of modern-day politics. But despite the uncertainty, Fisher & Phillips’ developed their best predictions to help you plan for 2026. You can read the entire FP Workplace Law 2026 Forecast here, or you can dive into this Insight for the top 10 predictions pulled from our report.

Government Relations: DC Will Be Full Speed Ahead Once Again

The second Trump administration has been operating at a breakneck pace and there are no signs of that changing in 2026, especially with control of Congress on the line. The White House is aware that its agenda would face additional roadblocks if Republicans were to lose control of either the House or the Senate, so there will be concerted effort to move forward with the president’s priorities as soon as possible in the new year. This includes confirming judges to benches across the country (and potentially the Supreme Court if Justices Thomas or Alito retires), continued deportation efforts (especially given ICE’s boosted budget), and reducing the size of the federal government.

Immigration: An H-1B Lottery Overhaul is Coming

A growing series of pressures on the H-1B system in 2025 already brought heightened investigations, new fee requirements, intensified employer scrutiny, and a sweeping new social media vetting requirement for H-1B workers and their families.

In 2026, it is predicted that DHS will replace the current random H-1B cap lottery with a weighted selection system that gives higher-wage positions better odds of being chosen, potentially as soon as the March 2026 cap season. Even if litigation slows implementation this coming year, it’s likely to take effect during this administration. The change will heavily favor employers able to offer Level III–IV wages, making it harder for startups, non-profits, and entry-level roles to secure visas. This will force many organizations to rethink compensation strategies and diversify their global talent pipelines.

Artificial Intelligence: Bias Audits Will Become a Must-Have for Employers

Despite a recent executive order targeting “onerous” state AI laws, employers will continue to face a growing patchwork of state and local laws focused on combating AI bias in hiring and the workplace. And an AI bias audit is one of the most effective ways to identify and mitigate risk given the evolving state of AI-related laws springing up around the country. Indeed, plaintiffs’ attorneys are already using the absence of an audit as evidence of negligence or discriminatory design. 

Wage and Hour/Pay Equity: State Enforcement to Step Up

States with robust wage and hour and wage payment laws (such as CA, IL, NJ, NY, WA) will continue to aggressively enforce their laws during a period when DOL enforcement activities may decline (in part, due to a reduction in the number of investigators). On the other hand, expect federal enforcement to continue to take a business-friendly approach, and expand the multiple compliance assistance programs it rolled out in 2025.

Fisher & Phillip’s also anticipates a noticeable uptick in pay equity litigation, fueled by well-publicized gender pay settlements and pro-plaintiff decisions in states with robust pay equity statutes. Use the F&P Pay Equity and Transparency Map to track state developments on pay discrimination laws.

Workplace Safety: New Leaders Promise a Business-Friendly Approach

New leadership will mean a new day for employers. Now that David Keeling is in place as the new head of OSHA and Wayne Palmer has been confirmed to lead MSHA, it is expected that efforts to increase outreach to industry will begin. For example, F&P predicts OSHA will issue few, if any, press releases after an employer is cited for safety violations. We also expect fewer regulations to be proposed or promulgated.

Labor Relations: The NLRB Will Begin Dismantling the Biden-Era Board’s Legacy

The Board should finally return to a legal quorum by early 2026. It will likely seek to overturn several significant Biden-era cases in the months thereafter, including rulings that addressed restrictions on workplace conduct rules, remedies available for unfair labor practices, and mandatory captive audience meetings, among other precedent-setting decisions. In response, unions are expected to abandon their reliance on the NLRB. This could mean an increase in labor grievances in union shops. Unions may also revisit recognitional picketing to pressure employers into recognizing them outside the election process.

Sports: Continued Battle Over Student-Athlete “Employee” Status

Both the DOL and NLRB were directed by President Donald Trump to clarify the status of student-athletes as part of a July executive order. While it’s unlikely the Trump administration will be willing to upend the current college sports model by deeming college athletes as employees who have collective bargaining rights and overtime protections, guidance from these agencies on the issue has yet to materialize.

Privacy and Cyber: Wiretapping Litigation Wave Will Keep Churning

In addition to continued proliferation of privacy laws at the state level, we expect the plaintiffs’ bar to continue the wave of wiretapping and related claims against businesses relating to the use of tracking technology on company websites.

While the statutes being used as ammunition in these lawsuits predate the internet, courts are allowing them to move forward across the country, exposing businesses to expensive class action litigation. This trend began primarily in California, but it has already expanded to other states. It is anticipated that it will continue to do so, unless or until state legislatures or courts directly address the application of wiretapping and other long-standing laws (that were intended for other purposes) to the use of tracking technology on websites.

International: Expanded Protections for Non-Traditional Workers

Multinational businesses should prepare for upcoming regulatory changes related to non-traditional workers, including freelancers and gig workers. For example:

• EU member states will need to adopt a new directive before the end of 2026 that seeks to curb worker misclassification, ensure algorithm transparency, and enhance working conditions and data protection for individuals engaged in platform work, including freelance, on-demand, and gig work.
• The first-ever law protecting freelancers and independent contractors in Japan came into effect in 2024. The law already requires businesses that do work in the country to review their workplace practices and adjust as necessary, and we expect regulations to be expanded and refined in 2026.
• Companies doing business in Mexico should also expect the government to advance and strengthen regulations for digital platform workers in the year ahead.

Construction: AI Claims, Immigration Enforcement to Increase

As the adoption of drones and AI-driven tools become commonplace, issues around privacy, data protection, off-the-clock work, and workplace surveillance will require contractors to develop clearer policies and disclosures. Additionally, we expect wage-theft enforcement actions to expand in more states, leading to more audits and increasing the importance of compliance and record-keeping.

Increased I-9 audits and ongoing jobsite raids will also require employers to continue to be vigilant about verification and compliance. Fisher Phillips offers a Rapid Response Team for DHS Raids to support employers when an workplace enforcement action occurs at your business.

 

Practical Summer Safety Tips for Employers as OSHA Takes Next Steps for National Rule

OSHA’s long-awaited heat illness rule could be inching closer to reality, with a public hearing that could determine its fate now scheduled for June 16. While many predicted the Trump administration would stall or shelve the proposal entirely, political pressure from labor unions – and growing business support for a consistent federal standard – has kept it alive. Still, it remains uncertain whether the rule gets finalized, and is even possible we’ll see a scaled-back version to take shape in the coming months. No matter what happens in Washington, D.C., however, one thing is clear: employers can’t afford to wait to address heat risks in the workplace. Here’s a practical guide to protect your workforce this summer – whether or not a new federal standard is finalized.

Background and Update on National Heat Safety Rule

Here’s an update as to where things stand on the regulatory side of things.

• The NEP Remains in Full Force – OSHA launched a National Emphasis Program (NEP) on heat in 2022 that remains active. It was supposed to expire in April but was extended until April 2026 by the Biden-era OSHA shortly before the change in administration. The NEP drives the agency to conduct inspections in industries with high heat exposure risk, including construction, agriculture, warehousing, and food processing. The program gives inspectors the green light to initiate heat-focused inspections on high-temperature days, even without a formal complaint or incident. 
• Proposed Heat Rule is Still Alive – But May Be Watered Down – Last year, the Biden-era OSHA took things one big step forward by proposing a federal rule that would require all employers to take specific actions when the heat index hits 80°F and implement stricter measures at 90°F, including access to water and shaded rest areas, acclimatization plans for new and returning workers, training for both employees and supervisors, and emergency response procedures. 
• Trump’s OSHA Is Still Moving Forward – Despite speculation that the Trump administration would immediately scrap the rule, political dynamics have changed the outlook. Strong union support, especially from the Teamsters, and growing business demand for regulatory consistency have kept the rulemaking process alive. A new DOL leader, Labor Secretary Lori Chavez-DeRemer, has signaled willingness to engage both sides on the issue, and David Keeling, the administration’s nominee to head OSHA, is expected to continue moving the proposal forward – albeit with potential modifications. The final version may shift toward a performance-based standard, giving employers more flexibility in how they meet safety goals depending on their industry.
• All Eyes on June 16th – An upcoming public hearing on June 16 will be a key milestone. Stakeholders from labor and industry will have the opportunity to weigh in before OSHA finalizes any version of the rule. We’ll have a better sense for the future of the rule after that date.
• States Still Have a Say – Even if OSHA drops or waters down its heat safety rule, some states have their own heat-related rules in place requiring employers to take certain affirmative steps to protect workers. Check with your safety counsel to determine what standards are effective in your local area.

7 Practical Steps to Protect Workers from Summer Heat

Regardless of what rules govern your workplace, here are seven steps you can take to best protect your workers as temperatures rise across the country.

1. Monitor the Heat Index – Not Just the Temperature

The heat index (temperature + humidity) is a better indicator of risk than temperature alone. Use free apps or local weather services to track conditions at your worksites.

• Start precautions around 80°F heat index
• Increase protections at 90°F and above

2. Provide Ample Water and Easy Access to It

Hydration is your first line of defense.

• Ensure cool water is available within easy reach
• Encourage drinking water every 15 to 20 minutes
• Don’t rely on workers to request breaks – make hydration routine

3. Schedule Smart – And Be Flexible

Plan the most strenuous tasks for early mornings or cooler parts of the day.

• Rotate workers to reduce prolonged exposure
• Allow for longer or more frequent breaks as heat increases
• Use fans, shaded areas, or cooled rest stations

4. Create a Heat Illness Prevention Plan

Don’t rely on chance to ensure that workers are best protected. Develop a plan in writing and review it with teams before summer peaks. Your plan should cover:

• Identifying symptoms of heat illness
• Response protocols and emergency procedures
• Training and acclimatization policies
• Indoor and outdoor heat risks

5. Implement Acclimatization for New and Returning Workers

The risk of heat illness is highest during the first few days on the job.

• Ease in new workers gradually over five to seven days
• Start with lighter tasks and increase workload over time
• Pair new workers with trained supervisors for close monitoring

6. Train Supervisors to Recognize Red Flags

Train supervisors in emergency response procedures, and empower them to act quickly. Make sure frontline leaders can spot:

• Early signs: dizziness, fatigue, heavy sweating
• Urgent signs: confusion, fainting, hot dry skin

7. Document Everything

With OSHA’s heat emphasis program still active, enforcement will continue even without a final rule.

• Keep logs of training, safety meetings, complaints, and response steps
• Document environmental monitoring and heat-related incidents
• Update written policies and tailor them to your workplace

No Slowing Down: Employers’ Recap of the Trump Administration’s First 50 Days

Courtesy of Fisher Phillips

While new presidents are typically judged based on their actions in their first 100 days, the current Trump administration has moved at such a rapid speed that we think another recap is needed at the halfway point. Here’s your employer cheat sheet on Trump’s first 50 days.

Immigration

• Trump signed 10 immigration orders on day one (Jan. 20). These executive orders, among other things, declared a national emergency at the U.S.-Mexico border, reinstated the “remain in Mexico” policy, terminated the asylum related mobile app, and designated Mexican criminal cartels as terrorist organizations. Read more here. Trump also tried to end automatic birthright citizenship for children of undocumented immigrants, but this order has been blocked nationwide by federal judges in Washington and Maryland while legal challenges play out in court.
• DOJ announced an aggressive immigration stance (Feb. 5). According to a memo from Attorney General Pam Bondi, the Department of Justice will use “all available criminal statutes to combat the flood of illegal immigration . . . and to support the DHS’s immigration and removal initiatives.” Read more here.
• DHS shortened the duration of Haiti’s TPS (Feb. 20). Department of Homeland Security (DHS) Secretary Kristi Noem scaled back a previous decision made by Biden-era DHS officials that had extended Temporary Protected Status (TPS) for Haitian nationals who are in the United States. As a result, the TPS designation period for Haitian nationals will end on August 3 (rather than February 3, 2026).
• DHS unveiled plans for expanded alien registration (March 7). A new DHS rule, which is set to take effect on April 11, significantly expands foreign national registration enforcement by requiring certain noncitizens to register with the government, provide biometric data, and carry proof of registration. This new enforcement push is expected to impact 3.2 million foreign nationals. Read more here.
• Anything else? The Trump administration has been carrying out its plans for mass deportations and widescale enforcement activities, including workplace raids. Read more here. Changes to nation’s immigration policy have a particularly big impact on the high-tech sector, which has long been reliant on foreign professional skilled workers.

DEI and Equal Opportunity Compliance

• Trump issued a far-reaching order against “gender ideology” (Jan. 20). The executive order requires the federal government to recognize only two biological sexes (male and female, as determined at conception) and removes the concept of “gender identity” from federal anti-discrimination laws – a stance that seemingly runs counter to the Supreme Court’s Bostock ruling on Title VII’s definition of “sex.” The order also calls for reversals of any policies that allowed gender-identity-based access to single-sex spaces (like bathrooms), and rescinds many Biden-era actions, including 2024 EEOC workplace harassment guidance that expanded protections for pregnant and LGBTQ+ workers. Read more about Trump’s gender ideology order here.
• Trump issued a sweeping anti-DEI order (Jan. 21). The same order that dismantled key affirmative action standards for federal contractors also barred OFCCP from allowing or encouraging DEI programs and directed federal agencies to combat “illegal” corporate DEI programs in the private sector. Read more about the order here (federal contractors) and here (private sector) – and read below for its current (court-halted) status.
• Trump fired two Democrat members of the EEOC (Jan. 27). The unprecedented move enabled Trump to quickly install a majority of Republican commissioners rather than having to wait until their normal terms expire over the next two years.
• Group of plaintiffs sued Trump and his administration (Feb. 3). Chief diversity officers, professors, a restaurant group, and the city of Baltimore filed a complaint in a Maryland federal court, claiming that Trump’s Jan. 21 anti-DEI order is unconstitutional.
• States started to push back (Feb. 13). Sixteen Democratic state attorneys general issued joint guidance reaffirming their position that workplace DEI remains legal and important to the modern workplace.
• Federal judge temporarily blocked Trump’s order (Feb. 21). The district court agreed with the plaintiffs who filed the Feb. 3 complaint that certain parts of the order are unconstitutional, and that they were ultimately likely to succeed on the merits of their claims. The court halted enforcement of the order while the lawsuit plays out in court.
  

Affirmative Action and Federal Contract Compliance

• Trump dismantled key affirmative action standards (Jan. 21). Trump revoked a 1965 executive order that required federal contractors to engage in race and gender affirmative action – and directed the Office of Federal Contract Compliance Programs (OFCCP) to immediately cease enforcing it. Read more here.
• Labor Department follows suit (Jan. 24). Acting Secretary of Labor Vince Micone ordered all OFCCP employees to cease and desist any and all investigative and enforcement activity under the revoked 1965 executive order. Read more here.
  

Labor Relations

• Trump summarily dismissed two key NLRB figures (Jan. 27). While the dismissal of National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo was widely anticipated, the unprecedented firing of Board Member Gwynne Wilcox raises significant procedural and policy questions for the federal labor agency in the short term and beyond.
• Trump appointed William Cowen as NLRB Acting General Counsel (Feb. 3).
• Wilcox launched a legal challenge to her termination (Feb. 5).
• Cowen signaled a new policy direction (Feb. 14). The NLRB’s Acting GC rescinded more than a dozen policies endorsed by previous leadership, including positions on the legality of non-competition agreements and stay-or-pay provisions, whether college athletes should be considered employees, and more.
• Anything else? These recent shakeups have created compliance confusion for some employers. Here’s what employers need to know about the current state of the NLRB – but stay tuned, because a federal judge reinstated Wilcox on March 6. While the Board can resume certain activities with a three-member quorum back in play, the Trump administration immediately appealed this decision, and this matter seems destined for a date at the Supreme Court for a final resolution.

Department of Labor + Workplace Safety

• Trump nominated new OSHA and MSHA leaders (Feb. 12). Trump recently nominated David Keeling, a workplace safety veteran with experience at UPS and Amazon, to lead Occupational Safety and Health Administration, and Wayne Palmer, a former executive for an industrial minerals trade association, to take the helm at the Mine Safety and Health Administration.
• The Senate confirmed Lori Chavez-DeRemer to lead the DOL (March 10). Trump surprised the business community in November just weeks after the election when he announced Chavez-DeRemer as his nominee to lead the U.S. Department of Labor. Her selection was met by skepticism by some in the employer community because she positions herself as a supporter of unions and labor rights.

Employee Defection and Trade Secrets

• FTC committed to targeting noncompetes (Feb. 26). In a somewhat surprising development, the Federal Trade Commission announced that it intends to continue scrutinizing noncompete agreements and more. Federal Trade Commissioner Andrew Ferguson unveiled plans for a Joint Labor Task Force that will identify and prosecute labor-market practices the agency deems to be “deceptive, unfair, and anticompetitive” and harmful to workers. Read more here.

Artificial Intelligence

• Trump appointed a new AI Czar (Dec. 5). David Sacks, a Big Tech veteran, Silicon Valley insider, and vocal advocate for deregulation, now shapes federal policy on emerging technology. As the nation’s first “AI & Crypto Czar,” Sacks will likely oversee a seismic transformation in how AI will be regulated and integrated across industries.
• Trump rescinded Biden’s AI Order (Jan. 20). One of Trump’s first executive actions was revoking Executive Order 14110 (Biden’s comprehensive AI policy, which aimed at ensuring safe and ethical AI deployment). Read more here.
• Trump announced huge AI infrastructure investment (Jan. 21). The day after Inauguration Day, Trump announced a $500 billion private-sector-led AI infrastructure investment. Read more here.
• Trump issued a new AI order (Jan. 23). Trump’s AI executive order calls for a group of regulators to craft a new AI policy within six months intended to ensure “global AI dominance.”

Education

• Trump’s first-week actions impacted K-12 schools (Jan. 20-24). The flurry of executive orders signed by President Trump during his first few days of his second administration not only touch on immigration issues and potential raids or enforcement activities on K-12 school campuses but also demand a revisitation of DEI policies, bathroom and locker room access rules, and gender ideology studies.
• Feds rescind Title IX guidance impacting college athletic programs (Feb. 12). The U.S. Department of Education’s Office of Civil Rights (OCR) announced that Name, Image, and Likeness (NIL) payments will not be subject to Title IX gender equity requirements.
• Education Department kicked off a new era of Title VI Enforcement (Feb. 14). The department’s OCR also promised to begin cracking down, starting February 28, on “overt and covert racial discrimination” in educational institutions receiving federal funding. The agency’s Feb. 14 “Dear Colleague” letter created compliance confusion for many schools across the country, especially regarding their diversity-related activities.
  

Conclusion

The Trump administration has showed no signs of slowing down, and we expect that to continue throughout the next 50 days and beyond.

Reminder: OSHA 300A Logs Must Be Posted By Feb 1st

All OSHA 300A logs must be posted by February 1st in a visible location for employees to read. The logs need to remain posted through April 30th.

Please note the 300 logs must be completed for your records only as well. Be sure to not post the 300 log as it contains employee details.
The 300A log is a summary of all workplace injuries, including COVID cases,  and does not contain employee specific details. The 300A log is the only log that should be posted for employee viewing.

Please contact our office if you need a copy of either the OSHA 300 or 300A logs.

New Florida Law Blocks Certain Local Workplace Rules: Top 3 Things Employers Should Note

Under a new Florida law, employers will need to turn to state and federal agencies – rather than local governments – for guidance on certain key workplace rules. On April 11th, Governor Ron DeSantis signed HB 433 which preempts local governments from passing laws related to workplace heat safety protocols and curbs their ability to use contracting power to influence private employer wage rates and employee benefits. The new law also prohibits local governments from making their own rules about workplace scheduling or “predictive scheduling” for private employers. Here are the three top takeaways for employers as you prepare for compliance.

1. Heat Safety Protocols

Florida falls under federal OSHA jurisdiction, which covers most private-sector workers in the state. The new statute bans counties and municipalities from requiring private employers to offer heat safety protections to employees beyond what’s required under the Occupational Health and Safety Act (OSH Act).

For example, the Miami-Dade County Commission recently withdrew a bill that would have required employers to provide outdoor construction and farm workers with 10-minute breaks in the shade every two hours. Going forward, Florida employers should continue to ensure their practices comply with the federal OSH Act.

To provide a safe workplace, consider taking the following steps before summer:

• Perform a hazard analysis of all positions that may involve exposure to extreme heat. You should note that OSHA typically enforces heat related hazards through the General Duty Clause of the OSH Act.
• Prepare a heat illness prevention program, outlining a plan to reduce heat illnesses and injuries.
• Ensure employees have access to cold water throughout their shifts, provide cooling fans, and allow access to shaded areas.
• Designate an employee to monitor working conditions on hot days.
• Train employees on how to avoid heat illnesses and monitor workers for any symptoms.
• Ensure employees showing heat illness symptoms can obtain immediate medical attention.

This part of the new law will take effect on July 1.

2. Wages and Employee Benefits

Under HB 433, local governments will be prohibited from using their purchasing or contracting power to control the wages or employment benefits of entities they do business with. They will also be barred from awarding preferences to entities that offer more favorable wages and benefits to employees. Additionally, HB 433 moves local governments’ ability to:

• require an employer to pay a higher minimum wage than required by state or federal law;
• apply a state or federal minimum wage to wages that are exempt from a state or federal minimum wage; or
• provide employment benefits not otherwise required by state or federal law.

Notably, counties such as Broward and Miami-Dade – which have living wage ordinances mandating higher pay than the state minimum wage for service contractors and subcontractors – will be impacted the most by the wage requirement revisions.

These revisions to the Florida Statutes will go into effect for contracts entered after September 29, 2026.

3. Scheduling and Predictive Scheduling

Finally, HB 433 impacts a local government’s ability to force private employers to implement scheduling and predictive scheduling policies. Predictive scheduling laws require employers to provide work schedules to employees in advance. In some instances, predictive scheduling laws also require employers to provide additional benefits to employees. For instance, Oregon requires employers in the retail, hospitality, and food industries (with at least 500 employees worldwide) to provide schedules posted in an obvious location at least 14 days in advance, pay employees a penalty for shift changes with no notice, permit employees to provide input on availability and to reject shifts not on schedule, and allow employees at least 10 hours between shifts on back-to-back days.

Under Florida’s new legislation, effective July 1, any predictive scheduling requirement will have to be enacted by the Florida Legislature and Governor.

Reminder: OSHA 300A Logs Must Be Posted By Feb 1st

All OSHA 300A logs must be posted by February 1st in a visible location for employees to read. The logs need to remain posted through April 30th.

Please note the 300 logs must be completed for your records only as well. Be sure to not post the 300 log as it contains employee details.
The 300A log is a summary of all workplace injuries, including COVID cases,  and does not contain employee specific details. The 300A log is the only log that should be posted for employee viewing.

Please contact our office if you need a copy of either the OSHA 300 or 300A logs.

AAG’s 2023 Educational Seminar Recording is Available

The recorded presentation of AAG’s 2023 Educational Seminar held on April 11, 2023 is now available for viewing.

Guest Speaker and Attorney Keith Hammond, of Hammond Law Center, focused on changes in employment law that have occurred over the past year including a few new regulations that could affect your business which will go into effect this summer as well as non-competes and changes from the DOL, NLRB, and OSHA.

This seminar is also approved for 2 Professional Development Credits (PDCs) with SHRM for all attendees.