Since his inauguration, President Donald Trump has been making changes to the National Labor Relations Board (NLRB) almost every day.
New NLRB Acting General Counsel
On February 3, 2025, President Donald Trump appointed William B. Cowen as Acting General Counsel of the NLRB. This comes on the heels of the President firing former NLRB General Counsel Jennifer Abruzzo, Board Member Gwynne Wilcox, and Acting General Counsel Jessica Rutter.… Continue Reading
On January 31, the U.S. Department of Education (DOE) confirmed that, effective immediately and applicable to all open Title IX investigations, it will enforce the first Trump administration’s 2020 Title IX regulations (the 2020 Rule), rather than the Biden-era regulations (the 2024 Rule). The reinstated 2020 Rule, inter alia, limits Title IX sexual harassment claims to those based on sex assigned at birth.… Continue Reading
Two weeks after his inauguration, President Donald Trump continues to make unprecedented moves to impact the National Labor Relations Board (NLRB).
Trump Ousts NLRB Acting General Counsel
Since Inauguration Day, President Donald Trump has worked to reshape the NLRB by firing General Counsel Jennifer Abruzzo, Board Member Gwynne Wilcox, and now acting General Counsel Jessica Rutter.… Continue Reading
In a two-sentence memo, the White House rescinded the spending freeze announced with great fanfare just two days prior and which we previously reported on here. The broad scope of the directive suspended all federal financial assistance implicated by President Trump’s recent barrage of Executive Orders, leaving federal funding recipients scrambling to understand the extent of the freeze.… Continue Reading
In the ongoing battle over labor policy, the Trump administration has signaled plans to abandon or at least revise its defense of two Biden-Era lawsuits and their underlying initiatives.
The DOL’s Independent Contractor Rule
On January 24, 2025, the U.S. Court of Appeals for the Fifth Circuit granted the U.S. Department of Labor’s (DOL) request to delay oral arguments set for early February in a lawsuit challenging the Biden administration’s 2024 rule on classifying workers as independent contractors or employees under the Fair Labor Standards Act (FLSA).… Continue Reading
One week after his inauguration, President Donald Trump has taken additional moves to impact the National Labor Relations Board (NLRB) and the U.S. Department of Labor (DOL).
Trump Moves Quickly to Reshape the NLRB
As we expected, and reported here, President Trump has moved quickly to re-make the NLRB. Almost immediately after taking office, the President named Republican board member Marvin Kaplan as Chair of the NLRB. … Continue Reading
On Monday, January 27, 2025, the acting head of the Office of Management and Budget (“OMB”) issued a memo ordering the pause of all federal financial assistance “that may be implicated” by any of President Trump’s recent barrage of Executive Orders. According to the memo, the freeze encompasses funding for activities including, but not limited to, “foreign aid, nongovernmental organizations, DEI, woke gender ideology, and the green new deal.”… Continue Reading
As anticipated, immediately upon his inauguration, President Trump took swift action in the labor and employment arena. His initial appointments and Executive Orders left no doubt that his administration will make an abrupt and definitive break with his predecessor.
President Trump first appointed new leaders to the Equal Employment Opportunity Commission (“EEOC”) and the National Labor Relations Board (“NLRB”), and then took additional actions aimed at halting and reversing many Biden-era initiatives and policies.… Continue Reading
Employers confronted with individual or class action lawsuits or government investigations under the federal Fair Labor Standards Act (“FLSA”) have the burden to prove that employees are exempt from the law’s minimum wage and overtime provisions. The United States Supreme Court ruled on January 15, 2025, that the burden of proof on employers should not be heightened and instead the customary preponderance-of-the-evidence standard applies. … Continue Reading
In an effort to avoid arbitrating individual claims under the Private Attorneys General Act (“PAGA”), a recent trend emerged in California litigation involving “headless” PAGA lawsuits. Essentially, plaintiffs would expressly disclaim bringing individual PAGA claims, and instead, assert “representative-only” PAGA claims. The distinction is significant, because if there is no individual PAGA claim, there is nothing to arbitrate, and the parties may proceed to litigating the representative PAGA claim in court.… Continue Reading