It has been a busy start to President Trump’s second term in office. For some, if not most employers, it can be difficult to keep up as new Executive Orders, mandates and press releases seem to be issued daily. Here are some of the key labor updates through the first 50 days of the Trump Administration.
National Labor Relations Board
The National Labor Relations Board (“NLRB”) is an independent federal agency empowered under the National Labor Relations Act to safeguard employee rights under Section 7. The NLRB is governed by a five-person Board and a General Counsel appointed by the President. On January 27, 2025, President Trump dismissed two key NLRB figures, General Counsel Jennifer Abruzzo and Board Member Gwynne Wilcox. The termination of a standing Board Member raised some procedural and policy questions and resulted in a legal challenge in court. A federal judge reinstated Wilcox, giving the Board the required three-member quorum to resume certain activities. The Trump administration has appealed the decision to reinstate her.
On February 3, 2025, President Trump appointed William Cowen as Acting General Counsel. Since his appointment, Cowen has rescinded more than a dozen policies, including positions on non-competition agreements, stay-or-pay provisions, and whether college athletes should be classified as employees.
Department of Labor
On January 24, 2025, Acting Secretary of Labor Vince Micone ordered all Office of Federal Contract Compliance Programs (“OFCCP”) employees to cease and desist any and all investigative and enforcement activity under revoked Executive Order 11246. Executive Order 11246 prohibited employment discrimination based on race, color, religion, sex, or national origin by federal contractors and subcontractors. The executive order required federal contractors to take affirmative action to ensure equal opportunity. In addition to OFCCP employees, the cease and desist also applies to the Office of Administrative Law Judges and the Administrative Review Board.
The United States Senate has confirmed Lori Chavez-DeRemer for Secretary of Labor and Keith Sonderling for Deputy Labor Secretary. Chavez-DeRemer has expressed her eagerness to follow President Trump’s labor agenda during her confirmation hearing before the Senate.
Sonderling previously served in the DOL’s Wage and Hour Division during President Trump’s first term in office and also was a member of the U.S. Equal Employment Opportunity Commission. Sonderling will likely review independent contractor classifications and other wage and hour regulations promulgated by the Biden administration.
Stay Informed!
The changes and updates to policies affecting employers and employees is expected to continue. Here at Bricker Graydon we will continue to monitor any changes to Labor and Employment laws and regulations, so make sure you visit our HR Matters Blog to get the latest updates!
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*Tommy Rogers J.D. – Ohio License in Process