The Trump administration: Tracking the first 100 days

Published: January 29, 2025 | Updated: March 20, 2025 | by Brightmine Editorial Team

Going back to Franklin D. Roosevelt in 1933, the first 100 days of a presidency have been considered the time when a president’s power and influence are highest.

President Donald Trump has and is expected to continue having a significant impact on issues affecting employers.

This resource details some of the key areas where Trump has taken action or is expected to take action and how employers can prepare and respond.

Equal employment issues

Discrimination and harassment

On January 20, President Trump signed an Executive Order (EO) titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” It states the administration’s policy of recognizing only two sexes, male and female, declares “gender ideology” to be a harmful concept, and directs the Attorney General to issue guidance regarding single-sex spaces. Federal agencies are also directed to apply strictly biological definitions of “sex,” “male,” “female” and related terminology when interpreting or applying statutes, regulations and guidance.

The EO states that the Equal Employment Opportunity Commission’s (EEOC) April 2024 Enforcement Guidance on Harassment in the Workplace is rescinded. Among other things, the guidance provided examples of harassment based on sexual orientation and gender identity and discussed related issues such as bathroom access and pronoun use.

President Trump appointed Andrea Lucas as Acting Chair of the EEOC and fired commissioners Charlotte Burrows and Jocelyn Samuels, as well as EEOC General Counsel Karla Gilbride. The dismissals leave the EEOC, a five-member commission, without a quorum. This means that currently the EEOC cannot conduct significant actions (e.g., issuing or modifying guidance) until at least one additional commissioner is appointed. Acting Chair Lucas said in statement that she does not currently have the legal authority to rescind the portions of the 2024 harassment guidance that contradict the January 20 Executive Order but has taken other actions to carry out the EO, including removing certain content from the EEOC’s website and other communications and directing the review of required workplace postings.

Despite these developments at the leadership level of the EEOC, Title VII of the Civil Rights Act of 1964 and other federal antidiscrimination laws that apply to the private sector remain in force. Employees may still file charges, and investigations of workplace discrimination and harassment are likely to proceed. In addition, many states and localities explicitly prohibit discrimination and harassment on the basis of sexual orientation and gender identity and require employees to be able to access facilities that correspond with their gender identity. Employers should continue to comply with relevant federal, state and local law and stay informed about new developments in this area.

Pregnant Workers Fairness Act (PWFA)

The EEOC enforces, among other federal employment laws, the Pregnant Workers Fairness Act (PWFA). The EEOC is currently operating with two members – not enough to take any significant action – after Trump fired two Democratic commissioners. There was one existing vacancy before these terminations.

Trump then named Andrea Lucas, the Republican Commissioner he appointed in 2020, as Acting Chair. Lucas voted against adoption of the PWFA Final Rule in April 2024 and issued a statement at that time explaining her disagreement with the Commission’s construction of “pregnancy, childbirth, or related medical conditions” in the Final Rule.

The EEOC recently issued a statement entitled Position of Acting Chair Lucas Regarding the Commission’s Final Regulations Implementing the Pregnant Workers Fairness Act, which repeats Lucas’ position on the PWFA Final Rule. The statement also provides that once a quorum is re-established, Lucas “intends for the Commission to reconsider portions of the Final Rule that she believes are unsupported by law.”

The more likely scenario, despite Lucas’ expressed support for “elements of the final rule,” is the EEOC rescinding the entire Final Rule, once a quorum exists again. Whether the reconstituted EEOC will issue replacement regulations remains to be seen. Acting Chair Lucas will likely continue to issue statements and guidance (“What You Should Know”) promoting the EEOC’s current vision and mission with respect to the PWFA and related issues.

In the interim, it will be up to employers to determine how best to implement the requirements of the PWFA. Employers should remain vigilant with respect to EEOC developments and guidance documents.

Wage and hour

The Trump administration is expected to repeal the FLSA independent contractor rule enacted last year and restore Trump’s own independent contractor rule that his administration promulgated in 2020. On January 24, 2025, the US Department of Justice asked the 5th US Circuit Court of Appeals to temporarily pause a case challenging the independent contractor rule to allow the Trump administration to familiarize itself with the case and to “determine how they wish to proceed” – suggesting that the Trump administration may decide to not defend the Biden-era rule. The court said it will decide whether to pause the case after it receives a status report from the Trump administration, which is due March 25. In the meantime, employers may wish to revisit the 2020 rule to see if any workers currently classified as employees might be reclassified as independent contractors under a more relaxed FLSA standard; of course, employers simultaneously should consider any relevant independent contractor tests under common law, the federal tax code, other federal laws and miscellaneous state laws.

Another potential change of course involves the DOL’s plan to phase out subminimum wages for workers with disabilities. The DOL’s proposed rule appears to be halted under a regulatory freeze issued January 20, 2025. Nevertheless, the Trump administration may choose to resurrect the rule after it finishes its review, as elimination of the subminimum wage has garnered some bipartisan support in recent years.

Workplace safety and security

On January 20, 2025, President Trump issued a presidential memorandum, Regulatory Freeze Pending Review, directing “all executive departments and agencies” to refrain from proposing or issuing “any rule in any manner” until a department or agency head appointed or designated by the president reviews and approves the rule. In the safety and security space, this memorandum impacts a wide range of regulatory activity, including the Occupational Health and Safety Administration’s (OSHA’s) proposed heat illness standard and the proposed Emergency Response Standard to replace the existing Fire Brigades Standard. The controversial “Worker Walkaround Rule,” recent Hazard Communication Standard updates and the most recent updates to OSHA’s recordkeeping rules have not yet been affected.

Separately, in a February 5, 2025 memo, OSHA announced that it is no longer enforcing its COVID-19 recordkeeping and reporting requirements. OSHA’s proposed rule on infectious diseases in “health care and other high-risk environments” has also been listed as “withdrawn” on the White House Office of Information and Regulatory Affairs website.

Regarding enforcement, employers will likely see a retreat from the more vigorous efforts of the Biden administration and may see a shift in its established National Emphasis Programs (NEPs), temporary programs that focus resources on particular hazards and high-hazard industries. In particular, employers may see the abandonment of the COVID-19 and heat-related hazard NEPs.

To prepare for OSHA’s rulemaking and enforcement goals under the second Trump administration, employers should ensure continued compliance with all safety and security regulations applicable to their organizations and adopt a wait-and-see approach as to whether certain requirements will be rolled back.

At the state level, employers may see more of a mixed bag, with occupational health and safety agencies in more conservative state plan states following federal OSHA’s lead and agencies in more liberal state plan states maintaining more stringent standards.

Immigration

Most fundamental aspects of the US immigration system are statutory and significant immigration reform would require an act of Congress. Nevertheless, the Trump administration has the power to shape the rulemaking and enforcement efforts of agencies like the Department of Homeland Security (DHS) and has already begin to use it.

On Inauguration Day, President Trump signed a flurry of immigration-related executive orders (EOs) pertaining to enforcement at the US-Mexico border, interior immigration enforcement, increased security screening of all foreign nationals seeking entry to the United States (including possible future travel restrictions), limitations on birthright citizenship and suspension of US asylum, refugee and other humanitarian programs. (Note that a federal judge has temporarily blocked the EO aimed at ending birthright citizenship.)

During the second Trump administration, immigration policy will continue on this path to becoming more restrictive, which will translate to increased immigration-related enforcement and deportation initiatives. Employers can expect a return to policies from the first administration, including expanded travel bans and limits on DHS grants of employment authorizations, as evidenced by EO 14161. Additionally, the US Department of State, which is responsible for issuing visas, will likely see its budget reduced, as happened during the first Trump administration. These policy shifts will lead to significant spikes in visa-processing times and could also disrupt business travel for impacted employees.

Further, Trump has expressed his intention to:

• Prioritize merit-based immigration.
• Increase penalties for illegal entry and overstaying visas.
• Strengthen US Immigration and Customs Enforcement (ICE).
• Ban companies that outsource jobs from doing business with the federal government.

Finally, it is likely that a second Trump presidency will see the elimination of the Deferred Action for Childhood Arrivals (DACA) program.

To prepare for and respond to the immigration-related changes under the new administration, employers should reevaluate their workforce planning for the next several years, as the new policies may impact jobs employers were planning to outsource and will cause employees with certain work authorization documents to face additional obstacles to acquisition or renewal, as well as longer processing times.

To prepare for more frequent worksite raids and Form I-9-related enforcement actions, employers should designate a raid response team, create a raid response plan and consider conducting a Form I-9 self-audit to ensure their records and processes are compliant.

Additionally, US employers of nationals from countries facing a travel ban should prepare contingency plans for such employees if they become stranded outside of the United States, as happened during the first Trump administration.

Labor relations

Trump campaigned on supporting workers but made clear that does not translate to support for unions. This seeming contradictory position is highlighted by his nomination of Lori Chavez-DeRemer, a former Republican representative from California known for her pro-union and worker-friendly positions, as Secretary of Labor.

However, it is widely expected that Trump’s second administration will move to reverse many of the changes put in place in recent years by the Democratic-majority National Labor Relations Board (NLRB) and former General Counsel Jennifer Abruzzo, such as union-friendly rules that:

• Shortened the union election process.
• Made it easier to invalidate workplace rules.
• Imposed stricter independent contractor criteria.
• Expanded the definition of protected concerted activity under the National Labor Relations Act;
• Placed restrictions on what employers could claim in communications about unionizing.
• Banned captive audience meetings.

Although changes must be made through the NLRB, Trump is moving quickly to place his stamp on the five-member Board. As anticipated, Trump followed the precedent set by the Biden administration and fired Abruzzo and Deputy General Counsel Jessica Rutter and appointed William B. Cowen as the acting general counsel. Trump also unexpectedly dismissed Democratic Member Gwynne Wilcox, temporarily leaving the Board with no quorum until a federal district court reinstated Wilcox, allowing the Board to resume work.

However, even after Trump gains a Republican NLRB majority and General Counsel, changes to rules and decisions more favorable to employers will take time to move through the process. As a first step, Acting General Counsel Cowen has rescinded over 30 GC guidance memos issued by his predecessor, indicating a pivot from the union-friendly positions of the prior administration.

Meanwhile, unions continue to actively and successfully organize at an increased rate. Employers should stay alert for signs of organizing in the workplace. At the same time, they should focus on creating a positive work environment with open communication that addresses employees’ concerns to minimize the need for employees to seek union help.

Noncompete agreements

The noncompete rule proposed by the Federal Trade Commission (FTC) has been halted by the courts, and a Trump administration is certain to pull the plug on the FTC’s appeal to overturn the national injunction and implement the rule. Although federal regulation of noncompetes will likely remain off the table, states continue to enforce their current laws restricting the use of such clauses in employment contracts and to enact new restrictions – or in some cases ban the use of noncompete agreements entirely. In addition, state legislatures are expected to continue passing laws limiting the use of confidentiality (nondisclosure) agreements.

Diversity, equity and inclusion (DEI)

On President Trump’s first day in office, he signed an executive order Ending Radical and Wasteful Government DEI Programs and Preferencing and also revoked several related executive orders issued under the Biden Administration.

The executive order terminates “all discriminatory programs,” including DEI mandates, policies, programs, preferences and activities in the Federal Government. Employers should audit their current DEI programs and prepare for additional anti-DEI actions.

Artificial intelligence (AI)

As part of a sweeping first-day executive order rescinding more than 60 executive orders and presidential memoranda, President Trump revoked Executive Order 14110, Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, issued by the Biden Administration in 2023. The executive order had called for a coordinated approach to regulating the use of AI and required the DOL to coordinate with other agencies to develop and publish principles and best practices for employers regarding the use of AI.

Trump has issued his own executive order Removing Barriers to American Leadership in Artificial Intelligence making it US policy to sustain and enhance America’s global AI dominance to promote economic competitiveness and national security. The order instructs agencies to suspend, revise or revoke any existing AI policies, directives and actions taken pursuant to the now-revoked Biden AI executive order that act as barriers to American AI innovation.

In response, the National Science Foundation submitted a Request for Information (RFI) on the Development of an Artificial Intelligence (AI) Action Plan seeking comments on priority actions that should be included in the plan. The RFI was published on February 6, 2025. It is seeking responses on any relevant AI policy topic, including:

• Research and development.
• Education and workforce.
• Innovation and competition.
• Intellectual property.
• More.