President Trump had told federal agencies to consider civil rather than criminal enforcement of their regulations, in an executive order dated May 9, 2025. The executive order also instructed agencies to avoid imposing a “strict liability” standard to their rules, noting that the Code of Federal Regulations “is far more than any citizen can possibly read, let alone fully understand.”
Editor’s Note: When employers face criminal prosecution over federal agency regulations or other rules, this executive order is something for employers to cite in their defense. In a civil prosecution, employers should use this executive order to argue that their intention was lawful and as such they should not be subject to strict liability.
This article is part of our July 2025 Newsletter.
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