HR Compliance. Section 3 of President Trump’s Executive Order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” addresses the federal contracting process and revokes Executive Order, EO 11246, a long-standing order that imposed affirmative action requirements on federal contractors and recipients of federal grants. This post covers the impact of EO 11246’s revocation. 



President Trump’s Executive Order revokes EO 11246 and thereby removes any affirmative action obligations imposed on federal contractors, subcontractors, and grantees. The Executive Order prohibits federal contractors and subcontractors from considering “discriminatory and illegal preferences, mandates, policies, programs, regulations, enforcement actions, and requirements,” and as part of this, requires that the OFCCP “immediately cease (1) promoting ‘diversity’; (2) holding Federal contractors and subcontractors responsible for taking ‘affirmative action’; and (3) allowing or encouraging Federal contractors to engage in workforce balancing based on race, color, sex, sexual preference, religion, or national origin.”  Read more analysis and guidance.

Immigration. For the past 5 years, Consultstu LLC has successfully performed third-party auditing for Publix Suppliers and Waste Management contractors. Our services involve reviewing immigration- related documents (I9, E-verify records, supporting docs), creating an audit report and advising on recommended corrections. At the end of the audit, we provide our client with a certificate of compliance. Contact the Consultstu team if you need I9 audit services. We are currently completing several Publix supplier audits for construction companies and service firms.

Pay and Benefits. On January 14, 2025, the U.S. Department of Labor (DOL) issued another opinion letter (FLSA2025-1) reiterating its position that managers and supervisors are prohibited from participating in a tip pool under any circumstance.

Tip pooling—when employees combine tips earned during a shift and divide the shared pool amongst themselves at some point thereafter—is a practice that is generally allowed under the Fair Labor Standards Act (FLSA). An important exception is that employers are prohibited from “keep[ing] tips received by their employees for any purpose, including allowing managers or supervisors to keep any portion of employees’ tips.”  Read more - and Trump's DOL may revisit this opinion.

Recruiting. When hiring new talent, many employers are turning away from traditional hiring methods that prioritize degrees and previous job titles and are instead moving towards skills-based hiring. As the name suggests, this approach focuses on each candidate’s specific skill sets and competencies. By prioritizing skills, today’s employers can tap into a wider talent pool and increase their chances of hiring the most capable individual for the job. Adopting a competency-based hiring approach also helps employers make more informed hiring decisions. This approach prioritizes a candidate’s abilities that are directly relevant to the job. Read more.

Discrimination. Kane’s Furniture, LLC, a Florida-based furniture retail company, will pay $1,482,748.00 in monetary relief and provide significant equitable relief to settle a federal class sex discrimination lawsuit. EEOC alleged that Kane’s Furniture implemented a discriminatory policy of not hiring female applicants for driver and warehouse positions at their distribution center or any of their eighteen retail locations across Florida. The lawsuit charged that recruiters expressly screened women out of the hiring process. Kane's will enter a three-year consent decree and implement new hiring practices and EEO policies; hire an independent expert to oversee training, investigate and review complaints of sex discrimination, and ensure compliance with the terms of the consent decree. Read more.