With a second Trump presidential term to begin in January 2025, significant changes are expected to take place at the Equal Employment Opportunity Commission (“EEOC”), the Department of Labor (“DOL”), and the National Labor Relations Board (“NLRB”), three of the most significant federal agencies that impact employee rights in the workplace. Given past experience, industry experts are making predictions on what employees and employers could expect.
One policy that would have somewhat immediate effect would be if Trump followed through on his promise to reinstate “Schedule F”, a 2020 executive order that reclassifies thousands of federal employees as being “at-will.” Such an enactment would likely result in a large reduction in workers at the DOL and other federal agencies, which would thereby impact those agencies’ ability to carry out and enforce their policies. Similarly, the DOL could see as shift back towards making it easier to classify workers as independent contractors, a rollback in the salary threshold for overtime eligibility, and an increase in cooperation between the DOL and immigration authorities.
While any changes to the EEOC would likely not be seen until 2026 as the agency is currently composed of majority Democratic members, it appears likely that under the Trump administration we will see a narrowing in policies around equity, diversity, and inclusion in the workplace, and in some instances, even a complete 180 turn. For example, the EEOC recently revised its workplace harassment guidelines for the first time in 25 years to include repeatedly misgendering someone by repeatedly misusing their pronouns and refusing to allow an employee to use the bathroom that aligns with the gender which with they identify. Under the incoming administration, these policies may be reversed. Other affected policies might include requiring accommodations in the workplace involving medical care around pregnancy, including abortion.
Finally, the NLRB might see the most changes of the three, with it appearing likely that several policies brought into by current General Counsel Jennifer Abruzzo will be rescinded, including her current directives defining the scope of consequential damages in unfair labor practice proceedings, settlement protocols in backpay disputes, and the restraint of certain surveillance and other practices by employers. With the inevitable changes to board composition, most experts predict other employer-favored practices and interpretations seeing a return.
Outside Legal Counsel LLP can advise employers and employees alike on the ever-changing legal landscape of rights in the workplace, how to comply with the law, and what to do if there is a rights violation. Reach out to us for a consultation.
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