What Biden's first executive actions mean for employers

Shortly after taking office, President Joe Biden wasted no time and implemented sweeping changes undoing several Trump administration actions. Among the first salvo of Executive Orders (EOs) were several actions noteworthy for employers.

Rulemaking regulatory freeze

In a memorandum, the new administration asked federal government executive departments and agencies immediately to withdraw any pending rules that hadn't been published in the Federal Register (i.e., final rules). The action was a direct response to the Trump administration's increased use of rulemaking to enact or change policy, especially the flurry of rules passed at the very end of Donald Trump's term.

Further, unless any rulemaking moving forward is necessitated by "urgent circumstances relating to health, safety, environmental, financial, or national security matters, or otherwise," the memo said no new rules may be proposed or issued until the Biden administration's agents have reviewed and approved them. The memo further directed:

With respect to rules that have been published in the Federal Register, or rules that have been issued in any manner, but have not taken effect, [the agencies are to] consider postponing the rules' effective dates for 60 days from the date of this memorandum . . . for the purpose of reviewing any questions of fact, law, and policy the rules may raise.