Worker Policy Watch
Your source for accurate and reliable information on how federal policies are shaping workers’ rights—and what’s at stake for working people nationwide under the Trump administration.
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Under Trump DOL Will Halt Enforcement of 2024 Independent Contractor Rule, Making it Easier for Employers to Misclassify Workers
The Acting Administrator of the Department of Labor’s (DOL) Wage and Hour Division issued a memo notifying that it will no longer apply the 2024 Independent Contractor (IC) Rule’s analysis when determining employee versus independent contractor status in FLSA investigations.
Impact:
The Wage and Hour division will now revert back to the 2019 guidelines issued by now Deputy Labor Secretary Keith Sonderling. The 2024 IC rule has multiple pending legal challenges. The Rule provides guidance for determining who is an IC (and therefore not a protected employee) under the Fair Labor Standards Act (FLSA) and the Trump administration reverting to it’s 2019 guidance and will make it easier for employers to misclassify their workers as independent contractors.
Federal Appeals Court Temporarily Pauses Mass Firings at the Consumer Financial Protection Bureau
A previous panel authorized layoffs if a "particiularized assessment" was made about each employee and it was decided for valid reasons they could be fired. This appeals panel found that the CFPB rushed to fire people and did not conduct the required assessments.
Impact: The Trump administration is attempting to fire 90% of the staff at the CFPB, essentially shutting down this Congressionally created and authorized agency.
Federal Judge Temporarily Blocks Trump’s Executive Order that Attempts to Revoke Federal Union’s Ability to Represent Their Members in Nearly a Dozen Agencies
The court ordered federal agencies to continue bargaining and dealing with the unions that represent federal employees.
Impact: At least for the time being, federal sector employees who are members of unions continue to enjoy all their rights to representation and collective bargaining.
Trump Administration Fires All Employees in the Firefighter Health and Safety Program at NIOSH
This program works to protect firefighters from the harmful effects of toxins, chemicals, and carcinogens that they are exposed to on the job.
Impact: Firefighters already have a 9% higher chance of a cancer diagnosis and a 14% higher chance of dying from cancer than the general population. Without the efforts of this program within NIOSH to protect them, those rates and other health problems will likely increase for our nation's firefighters.
DOL Signals It Will Reconsider the 2024 Biden-era Overtime Regulation
In a filing in the 5th Circuit appeal of the overtime regulation case, DOL requested a stay of the appeal of the overtime regulation defense, stating that it is reconsidering the Biden overtime regulation, signaling that it will likely walk away from defending at least the July 2024 salary threshold increase.
Impact:
Bowing to business pressure, the Trump DOL will likely decline to extend overtime protections to at least three million workers.
OPM Says Agencies Can Fire Probationary Federal Workers Without Cause
According to guidance from the U.S. Office of Personnel Management (OPM), probationary workers can be fired without performance-related cause.
Impact:
Thousands of probationary federal workers who were fired without cause and subsequently reinstated now face being fired for a second time. The OPM guidance expands upon Trump’s earlier executive order designed to strip job protections from federal workers, including probationary employees.
Department of Labor Staffers Placed on Leave Amid DOGE Efforts to Access Sensitive Immigrant Worker Data
Multiple U.S. Department of Labor (DOL) employees who handle sensitive data of immigrant workers are placed on leave as DOGE seeks agency data to advance Trump’s deportation agenda.
Impact:
This builds on DOGE’s earlier attempts to access DOL worker data, including employment based visa (ETA) data related to the National Farmworker Jobs Program. DOGE’s potentially illegal access could jeopardize trust with workers and the agency.
Whistleblower Claims DOGE Accessed Confidential NLRB Data
A whistleblower has reported to Congress that a DOGE team accessed sensitive and confidential National Labor Relations Board (NLRB) information on unions and ongoing legal cases and tried to cover their tracks.
Impact:
Given the Trump administration’s hostility towards labor organizations and unions, the whistleblower believes that the suspicious DOGE activity warrants further investigation by the FBI and others, and that if this information becomes public, it could do damage to unions and corporations and undermine the NLRB’s independence.
Chief Justice of the Supreme Court puts a hold on reinstatement of Wilcox and Harris
The stay gives the Court time to take up the merits of the case, which will also be argued before the D.C. Circuit Court of Appeals.
Impact:
As long as the stay is in effect, the NLRB lacks a quorum and the MSPB has only two members.
Trump Ends Union Dues Collection for Most Federal Workers
The Trump administration has stopped collecting federal workers’ union dues at the federal agencies targeted by a recent executive order to strip workers of collective bargaining rights.
Impact:
Without notice to unions or federal workers, the government’s three main payroll processors have all stopped collecting union dues directly from workers’ paychecks. This comes after Trump’s executive order seeking to end collective bargaining rights for federal workers. The administration has also filed several lawsuits in federal court aimed at ending federal workforce union contracts at agencies targeted by the executive order.