Employment Law in Motion
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President Trump Order Seeks to End Discriminatory DEI Programs and Mandates, Affecting Federal Contractors, Private Sector, and Higher Education
On his second day in office, President Trump issued an Order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” addressing diversity, equity, and inclusion (DEI) in federal government as well as mandates and programs affecting the public and private sector. Specifically, the President acted to “order all executive departments and agencies to terminate all discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, and requirements.” The President further ordered that all federal agencies “enforce our longstanding civil-rights laws” and “combat illegal private-sector DEI preferences, mandates, policies, programs, and activities.”
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President Trump’s First-Day Orders Impacting Employers
President Trump issued a large number of Executive Orders and proclamations on his first day in office, January 20, 2025. Here is a summary of those that may affect employers.
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NLRB Overrules Longstanding Position on Captive Audience Meetings and Employer Statements During Unionizing Efforts
The National Labor Relations Board (the “Board”) issued two decisions in recent days that substantially deviate from its prior decisions in Babcock & Wilcox Co., 77 NLRB 577 (1948) and Tri-Cast, Inc., 274 NLRB 377 (1985) relating to an employer’s ability to effectively campaign during union organizing in manners long held lawful.
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SEC v. Jarkesy: Seventh Amendment Jury Trials, Seeking Civil Penalties, and Agency Administrative Actions
The U.S. Supreme Court’s decision in Securities and Exchange Commission v. Jarkesy, 144 S. Ct. 2117 (2024) held that when the SEC seeks civil penalties to punish and deter wrongful conduct, the Seventh Amendment entitles the defendant...
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NLRB GC Memo Circles Back on Noncompetes and “Stay-or-Pay” Provisions in Employment Agreements
On October 7, 2024, the National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo issued GC Memorandum 25-01: “Remedying the Harmful Effects of Non-Compete and “Stay-or-Pay” Provisions that Violate the National Labor Relations Act.”
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SCOTUS Says NLRB Isn’t So Special—NLRB Requests for Preliminary Injunctions Subject to Traditional Standard
In a 9-0 opinion in Starbucks Corporation v. McKinney, 602 U.S. ____ (2024), the U.S. Supreme Court limited the National Labor Relations Board’s (NLRB) ability to readily obtain injunctions under §10(j) of the National Labor Relations Act (the Act) by holding that courts must apply the traditional principles of equity encompassed in the four factors articulated in Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 (2008)—departing from the watered-down “reasonable cause” and “just and proper” standard.
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