COMPLIANCE CORNER - MAY 2025

Have You Reviewed Your Workplace Posters Since the Issuance of the Presidential Executive Orders?

Many of the Executive Orders issued by President Trump have directly impacted labor laws and reporting requirements, particularly if you are a federal contractor. As an employer operating in New York State, you are required to comply with both Federal and State posting requirements. Elimination of Federal obligations does not vitiate your obligations under State laws.

The following Executive Orders will affect employers:

  • Executive Order 14168—Defending Women from Gender Ideology Extremism and restoring the Biological Truth to the Government
      • EO identifies only 2 sexes: male and female.
      • Likely that gender identity and gender expression as protected classes.
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  • Executive Order 14173—Ending Illegal Discrimination and Restoring Merit Based Opportunity
      • Rescinded EO 11246 signed in 1965 by President Lyndon Johnson requiring “Equal Employment Opportunity” prohibiting employment discrimination by federal contractors and requiring affirmative action to ensure equal opportunity.
      • No longer requires affirmative action plans.
      • OFCCP will no longer accept complaints or initiate new investigations after April 19, 2025.

 

Two posters that will need updating are the “Know Your Rights: Workplace Discrimination is Illegal” Poster and the “Pay Transparency Non-Discrimination” Poster. The “Know Your Rights: Workplace Discrimination is Illegal” will likely eliminate references to gender identity and expression to reflect the EO 14168. The “Pay Transparency Non-Discrimination” poster has been removed from the OFCCP website indicating it is no longer required. The new poster has not yet been released but is currently under revision.

New York State has raised its minimum wage effective January 1, 2025. Here is a link to the required poster: https://www.dol.gov/general/topics/posters.

It is a good idea to review your jobsite posting on an annual basis but keep in mind if changes occur after you update your posters, to stay in compliance, you will have to change the posters when new ones are issued. Here is a link to the federal US Department of Labor website: https://www.dol.gov/general/topics/posters. Here is a link to the New York State website: https://dol.ny.gov/posting-requirements-0.

If you have any questions about registration, please reach out to Lorraine D’Angelo, LDA Compliance Consulting, Inc. by email, lorraine@ldacomplianceconsulting.com or telephone, (914) 548-6369.