Last week, President Trump’s nominee for Secretary of Labor, former Oregon Congresswoman Lori Chávez-DeRemer, appeared before the Senate Committee on Health, Education, Labor, and Pensions for her confirmation hearing. Her nomination was something of a surprise as Chávez-DeRemer, the daughter of a lifelong Teamster, was known for taking more union-leaning stances during her short stint in Congress. For example, as a member of the House, Chávez-DeRemer was one of three Republicans to support the Protecting the Right to Organize (PRO) Act. The PRO Act sought to expand labor protections and weaken “right-to-work” laws, which allow employees to opt-out of participation in or paying dues to unions that represent workers at their place of employment.
Significant attention has been given to President Trump’s actions regarding Diversity, Equity, and Inclusion (DEI) programs and policies, but the impact of those actions on private sector employees has not been clear. On his first two days in office, President Trump signed multiple executive orders addressing the use of DEI programs in government. One order, Executive Order 14151: Ending Radical and Wasteful Government DEI Programs and Preferencing, directed executive agencies to terminate all DEI offices, positions, plans, initiatives, or similar programs. Another order, Executive Order 14173: Ending Illegal Discrimination and Restoring Merit-Based Opportunity, directed all executive departments and agencies to terminate any discriminatory or unlawful preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, and requirements. President Trump took this action citing his administration’s position that such policies violate the text and spirit of longstanding federal civil rights laws.
Recent executive orders have caused the Equal Employment Opportunity Commission (EEOC) to abandon litigation and guidance on LGBTQ+ protections and other areas that were priorities during the Biden administration
On February 14, 2025, National Labor Relations Board (NLRB) acting General Counsel William B. Cowen rescinded several memoranda issued by the former NLRB General Counsel Jennifer Abruzzo. The rescinded memoranda include, GC 21-06 and GC 21-07 addressing remedies to be sought; GC 21-08 on the rights of student-athletes under the National Labor Relations Act (NLRA); GC 23-02 on electronic monitoring; GC 23-05 on severance agreements; and GC 23-08 and GC 25-01 on non-compete agreements. The rescission of GC 23-5, GC 23-08 and GC 25-01 is significant for employers that use non-compete agreements in their employment or severance agreements.
On November 15, 2024, the US District Court for the Eastern District of Texas overturned the Department of Labor’s (DOL) final rule which increased the salary threshold for workers to be exempt from overtime requirements.
On Oct. 4, 2024, the U.S. Supreme Court granted certiorari to hear Ames v. Ohio Department of Youth Services –a reverse discrimination case from the U.S. Court of Appeals for the Sixth Circuit. The question before the Supreme Court is whether the heightened “background circumstances” rule adopted by the Sixth Circuit for reverse discrimination cases is discriminatory and runs afoul of Title VII. The “background circumstances” rule is an additional requirement imposed by certain circuits for proving discrimination in cases involving members of majority groups – so-called reverse discrimination cases. A plaintiff typically satisfies the “background circumstances” by presenting evidence that a member of the relevant minority group made the employment decision at issue, or with statistical evidence showing a pattern of discrimination by the employer against members of the majority group. Ames v. Ohio Dept. of Youth Servs., 87 F.4th 822, 825 (6th Cir. 2023)
This summer, eyes were focused on the Federal Trade Commission and its announced rule seeking to invalidate millions of non-compete agreements across the country. That rule was ultimately struck down in the Court, but federal efforts to invalidate non-compete agreements have continued. As previously covered by this blog, the General Counsel of the National Labor Relations Board (“NLRB”) took aim at non-compete agreements in May of 2023, announcing her opinion that such agreements could restrict employees’ Section 7 rights under the National Labor Relations Act (“NLRA”). At that time, the General Counsel directed NLRB field offices to submit cases involving non-compete agreements for further investigation.
After a summer of speculation, businesses and individuals across the country were provided some clarity as the Federal Trade Commission’s (FTC) rule invalidating millions of non-compete agreements was struck down by a federal district court. The FTC’s rule—which largely invalidated non-compete agreements—was announced in April and set to take effect on September 4, 2024. Since that announcement, however, multiple lawsuits have been filed against the FTC, challenging its rulemaking authority to impose this sweeping new rule. In the months that followed, all eyes have been on the courts to see whether the rule would take effect as scheduled.
The Federal Trade Commission’s (FTC) push to invalidate non-compete agreements for millions of workers gained steam today, courtesy of a ruling out of the Eastern District of Pennsylvania. As noted by this blog, in April of 2024 the FTC announced a final Rule largely invalidating non-compete agreements across the country. In the aftermath of that announcement multiple lawsuits were filed against the FTC, seeking to enjoin enforcement of this Rule.
Earlier this month, opponents of the FTC’s Rule were offered a glimmer of hope when the U.S. District Court for the Northern ...
The Department of Labor (DOL) announced on April 23, 2024, a final rule that expands the compensation threshold for exemption eligibility under the Fair Labor Standards Act (FLSA). On July 1, 2024, most salaried workers who earn less than $43,888 per year will become eligible for overtime pay under the final rule, which increases the salary threshold from $35,568 to $43,888 per year. This threshold will increase again on January 1, 2025 to $58,656 per year.
Topics/Tags
Select- Labor & Employment Law
- Discrimination
- Department of Labor
- Title VII
- Employment Law
- Labor Law
- FLSA
- Performance Improvement Plans
- EEOC
- Workplace Violence
- Department of Justice
- NLRB
- Non-Compete Agreements
- Coronavirus
- Religion Discrimination
- Reasonable Accommodation
- Department of Homeland Security
- Immigration and Customs Enforcement
- Pregnancy Discrimination
- Foreign Nationals
- Immigration and Nationality Act
- NLRA
- Diversity
- National Labor Relations Board
- Wage & Hour
- Privacy
- Artificial Intelligence
- Inclusion
- LGBTQ+
- Employee Benefits and Executive Compensation
- Overtime Pay
- Federal Trade Commission
- FMLA
- Arbitration
- Workplace Accommodations
- Employment Litigation
- IRS
- Litigation
- Medical Marijuana
- Social Media
- Employer Policies
- Americans with Disabilities Act
- Disability Discrimination
- Retirement
- National Labor Relations Act
- Accommodation
- Sexual Orientation Discrimination
- Race Discrimination
- OSHA
- Employer Handbook
- ERISA
- ADAAA
- Medical Cannabis Dispensaries
- Whistleblower
- Unions
- ACA
- Affordable Car Act
- Employer Rules
- United States Supreme Court
- Sexual Harassment
- Technology
- Federal Arbitration Act
- Transgender Issues
- Disability
- 401(k)
- Employment Settlement Agreements
- Sixth Circuit
- Equal Employment Opportunity Commission
- Fair Labor Standards Act
- Benefits
- Paycheck Protection Program
- Class Action Litigation
- Gender Identity Discrimination
- Posting Requirements
- Disability Law
- E-Discovery
- Evidence
- Securities Law
- Family and Medical Leave Act
- Preventive Care Benefits
- Environmental Law
- Health Savings Account
- SECURE Act
- Privacy Laws
- US Department of Labor Employee Benefits Security Administration
- Representative Election Regulations
- Healthcare Reform
- Older Workers' Benefit Protection Act (OWBPA)
- Affirmative Action
- Electronically Stored Information
- Equal Opportunity Clause
- Telecommuting
- Compensable Time
- Occupational Safety and Health Administration
- Security Screening
- Supreme Court
- E-Discovery Case Law
- Electronic Data Discovery
- ESI
- Unemployment Insurance Integrity Act
- American Medical Association
- Attendance Policy
- Classification
- Fair Minimum Wage
- Federal Minimum Wage
- Misclassification
- Return to Work
- Seniority Rights
- State Minimum Wage
- Wage Increase
- Confidentiality
- Disability Leave
- Equal Pay
- Genetic Information Discrimination
- Media Policy
- National Origin Discrimination
- Retaliation
- Social Media Content
- Antitrust
- Employment Incentives
- HIRE Act
- Social Security Tax
- Taxation
Recent Posts
- PIP This: The Expansion of Actionable Adverse Employment Decisions in the Wake of Muldrow v. City of St. Louis
- The Independent Contractor Tug-of-War: Navigating the Latest DOL Shifts
- ICE Raids and Audits – What’s an Employer to Do
- New Online Registration Requirements for Foreign Nationals
- Workplace Violence: Are You Taking Required Steps to Protect Your Employees?
- EEOC & DOJ New Guidance on DEI-Related Discrimination: What Does it Mean for Employers?
- EEOC Targets 20 Large Law Firms regarding DEI related Employment Practices
- Ohio Senate Bill 11: Key Provisions and Implications for Employers
- Shifting Burdens: Is McDonnell Douglas Past Its Prime?
- Uncertain Ground: The NLRB, EEOC, and the Fallout of Presidential Firings