The Trump Administration: Tracking the First 100 Days

Author: 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.

In his new term, President Donald Trump is expected to have 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.

Equal Employment Issues

Discrimination and Harassment

On January 20, President Trump signed an Executive Order 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The EO states that EEOC's April 2024 Enforcement Guidance on Harassment in the Workplace is rescinded.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.

Pay Transparency and Pay Equity

In the Trump administration, EEO-1 Component 2 pay data reporting is unlikely to be revived at the federal level, and states will likely continue to be the primary drivers of pay transparency requirements. A less aggressive enforcement stance is likely at the federal level, with more emphasis on mediation and other forms of dispute resolution.

Even anticipating the second Trump administration's reduced focus on enforcement, prudent employers should prioritize analyzing pay equity in their workforce and acting on the results. These steps will help employers avoid pay discrimination claims and prepare for a continued push for pay equity and transparency at the state level where such efforts are likely to continue. In addition, these proactive measures will help avoid employee attrition and costly litigation that can result from a workplace with entrenched disparities.

Disabilities/ADA

There was no mention of disability in the 2024 Republican Party Platform. Trump's public comments regarding disability have generally been focused on real or perceived opponents and have been pejorative in nature.  In general, employers should expect rollbacks of relevant regulations and executive orders.

As it is difficult to predict what will happen in this area under the Trump administration, the best course of action is to stay informed about the administration's positions in this area, which may continue to develop.

Employee Leaves

The Trump campaign did not take a stance on paid family and medical leave, paid sick leave or other leave requirements, and these issues were not mentioned in the official GOP platform. Based on the absence of such information, it is not likely that the Trump White House will focus on federal leave laws.

With no new federal paid family leave, paid sick leave or other paid leave laws on the horizon, employers can expect states and localities to continue enacting their own leave laws. States with Democratic majorities may amp up leave law activity if there is no expectation that federal leave laws will take effect. More specifically, left-leaning legislatures may enact leave laws to address individual rights that the Trump Campaign has indicated are not a priority, including paid family and medical leave, paid sick leave and leave related to reproductive health care or domestic violence.

Wage and Hour

Employers can expect to see a significantly more employer-friendly approach to wage and hour law under the second Trump administration on several fronts, including overtime, enforcement and independent contractor classification.

Under the Biden administration, the US Department of Labor (DOL) appealed the recent vacatur or the 2024 overtime rule to the 5th Circuit Court of Appeals. It's unlikely that the DOL will continue to pursue that appeal under the Trump administration; however, some observers believe Trump may keep the appeal alive in order to help preserve the DOL's authority to set minimum salary thresholds (albeit at a lower rate).

The Trump administration also can be 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. 

Payroll

Tax Exemption for Tip Income

Trump campaigned on a proposal to exempt tips from income and employment taxes to boost the income of lower-paid Americans who receive a large share of their income from voluntary tips (approximately 2.5% of the US workforce), while retaining the income tax on wages.

If Congress passes Trump's proposal, employers should be prepared for a potential dramatic increase in employees wanting to change their status from full-wage jobs to tip-based jobs. On the other hand, employers may see it as an opportunity to pay lower wages and have employees receive tips to make up the difference.

However, Congress may have to act to restrict the tax exemption to taxpayers below a certain income threshold or only to tip income received in traditionally tipped occupations and cap the amount of tip income that could be exempt. Otherwise, without limitations, businesses in other types of service industries could potentially try to exploit the exemption or illegally attempt to recharacterize income.

Tax Exemption for Overtime Pay

Trump also proposed a tax exemption for overtime pay, but from which taxes (income and/or payroll) is unclear. Employers would likely see a resulting increase in nonexempt employees taking on or requesting more overtime hours, which would increase payroll costs. In addition, employers would have the potential burden of an increase in reclassifications of employees from exempt to nonexempt status, and more complicated tracking and reporting of more overtime hours worked.

Employers may need to respond by curtailing increased overtime requests. The Trump campaign said they would incorporate measures to limit these behavioral effects but have not provided details.

Social Security- and Medicare-Related Changes

Trump has said he would eliminate all taxes on Social Security benefits. Currently, up to 85% of benefits are taxed for single filers earning more than $34,000 per year and joint filers earning more than $44,000 per year. (Below these thresholds, a smaller percentage of benefits is taxed, or not taxed at all.) However, not taxing Social Security benefits would deplete the Social Security trust fund faster than already projected, since a portion of these taxes goes into the trust fund. To prevent that from happening, Social Security tax rates would have to be increased, which would require changes in withholding.

Tax Cuts and Jobs Act (TCJA) Expiring Provisions

The Tax Cuts and Jobs Act (TCJA) of 2017 was a sweeping Trump tax reform law in his first term that affected many key payroll and fringe benefit provisions, many relating to business expenses. It also implemented the paid FMLA employer tax credit, eliminated the personal exemption (which functioned as the annual withholding allowance amount on Form W-4), and cut certain federal income tax withholding rates. Many of these provisions are set to expire at the end of 2025. Trump is expected to either extend them or make them permanent, in which case employers would continue with the current taxation status quo. Trump has not, however, detailed how these extensions would be paid for.

Workplace Safety and Security

Under the second Trump administration, employers can expect to see the delay or abandonment of pending workplace safety and security legislation initiated under the Biden administration, particularly the Occupational Health and Safety Administration's (OSHA's) proposed heat illness standard and the planned proposal of a national workplace violence prevention standard for the health care industry. Additionally, the Trump administration will likely begin efforts to rescind controversial rules put in place by the last administration, particularly the so-called "Worker Walkaround Rule" that permitted employees to designate a non-employee third-party as their representative during an OSHA inspection.

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 issued a temporary restraining order preventing Trump from carrying out 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 an expanded travel ban and limits on DHS grants of employment authorizations. 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. This will result in longer waits for visa appointments and slower visa application adjudications.

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); and
• 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 the immigration-related changes under the second Trump 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 also 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; and
• 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, leaving the Board with three vacancies for him to fill. With only newly designated Chairman Marvin Kaplan, a Republican and Member David Prouty, a Democrat, remaining, the Board has no quorum to issue decisions.

However, even after Trump restores a quorum to the NLRB and 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.

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.

Reproductive Health Benefits

While Trump has suggested he would not permit a nationwide abortion ban, his frequent statement that "I did it, and I'm proud to have done it," regarding the overturning of Roe v. Wade suggests otherwise. At the same time, the 2024 GOP platform supports policies that advance prenatal care, access to birth control and in vitro fertilization (IVF) treatments. While adopting a wait-and-see approach, employers should also closely review current policies that may touch on reproductive issues, paying close attention to benefits and leave policies that could be construed as related to abortion.

Data Privacy

There is no mention of privacy in the 2024 GOP platform document and very little information elsewhere to determine what the Trump administration might look like on data privacy issues. In general, Trump has been supportive of less regulation in the tech sector, and several tech companies came out in support of Trump, presumably for that reason.  It stands to reason that the Trump administration likely will not look to increase regulation of or protections for consumer or employee data privacy. Employers should continue to monitor developments.

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 be prepared 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.