Over the last week, our attention at PERKS has turned to what changes to anticipate when the new Administration takes over in late January. Here are 10 potential changes that employers need to plan for, going into 2025:

  1. Intensified scrutiny on workplace DEI efforts
  2. Gender/Transgender rights: Potential narrowing of employer health plan coverage for female and transgender employees and attempts to end the Affordable Care Act, which could impact coverage of millions of Americans; potential narrowing of rights for female workers, including under the federal Pregnancy Workers Fairness Act (PWFA)
  3. NLRB: Change of leadership, reversal of NLRB decisions and/or discontinuation of pending matters initiated by the current, employee-friendly Board and General Counsel; re-implementing pro-employer rules and decisions that make the unionization process more challenging for workers
  4. EEOC: Change of leadership, which is likely to impact the types of charges the EEOC takes on and its guidance to employers; and a further suspension of pay data reporting aimed at ensuring pay equity in employment
  5. DOL: Potential challenges to the DOL’s scheduled rise in federal exempt minimum salary shortly after it is slated to take effect; creating a conundrum for employers who technically have to comply with the current DOL’s rule effective January 1, 2025
  6. Classifications: relaxed standards for independent contractor classifications could be reintroduced by the DOL and NLRB
  7. FTC: The future of the FTC’s proposed non-compete ban remains unclear, and it is unknown what position the new Administration will take, leaving this issue with the states for now
  8. OSHA: Potential reduction in OSHA oversight of workplace safety measures
  9. Artificial Intelligence: Limiting federal measures that restrict use of artificial intelligence in employment, leaving it up to states and localities to implement their own measures (such as in New York City)
  10. Immigration: Major changes in federal immigration policy that may have immediate impact, particularly on industries such as hospitality and construction

We will continue to monitor very closely over the next several months and keep you apprised of any and all changes.