Posts tagged Biden era
Trump administration suspends enforcement of Biden-era farmworker rule
June 26, 2025 // "The decision provides much-needed clarity for American farmers navigating the H-2A program, while also aligning with President Trump's ongoing commitment to strictly enforcing U.S. immigration laws," the department said in a statement. "As multiple federal court injunctions have created significant legal uncertainty, inconsistency, and operational challenges for farmers lawfully employing H-2A workers, this field assistance bulletin clarifies that the department will not be enforcing the 2024 final rule effective immediately." The H-2A visa program allows farmers to bring in an unlimited number of foreign seasonal farmhands if they can show there are not enough U.S. workers willing, qualified and available to do the job.
Bid Protests Offer a Way Around PLAs, But Will a Slow, Steady Precedent Win the Day?
June 25, 2025 // The OMB memo instructs federal agencies to maintain the labor pact requirements but also points to a Federal Acquisition Rule provision that provides an exception to the PLA requirement for large construction projects when its use would substantially reduce the number of bidders and impact the price. But it has left neither contractor groups nor NABTU happy. "To that extent this isn’t what we hoped for, it is definitely better than what was in place with the Biden administration,” Brian Turmail, vice president of public affairs and workforce at AGC told ENR. “In addition, given the recent court decisions, it is hard to see how the administration will be able to impose a mandated PLA without facing successful bid protests."
Op-ed: Reject The Rail Crew Mandate And Embrace Deregulation
June 24, 2025 // This destructive, union-backed rule undermines voluntary labor-management agreements that already govern crew sizes in a more flexible and effective manner. The Center for Transportation Advancement points out that rigid staffing mandates override productive negotiations and mimic the failed "full crew" laws of the early 1900s—laws long since repealed because they served union interests, not public safety.
ATA Endorses Modern Worker Empowerment Act
May 26, 2025 // The ATA official also pointed to a Republican-sponsored bill as a tool meant to reinforce the industry’s support for the Trump-era independent contractor model. The Modern Worker Empowerment Act, introduced by Rep. Kevin Kiley (R-Calif.) in February, would establish a comprehensive test for arriving at a worker classification. “If enacted,” Mehrens explained, “this bill would codify the common-sense framework from the first Trump term to determine whether an individual is an independent contractor or an employee.”
Coalition for a Democratic Workplace Urges US Attorney General to Unilaterally Override Biden-Era NLRB Decisions
May 16, 2025 // Ordinarily, employers try to get the NLRB to change a decision with which they disagree by challenging the decision on appeal. Employers also have the ability to argue to the Board in future cases, particularly after a change in administrations, that it should revisit its own precedent. The NLRB would then consider the issue and arguments and decide whether to change its earlier decision. However, the CDW has asked Bondi to unilaterally invalidate 15 Biden-era Board rulings, including 14 that set new precedents.
Jennifer Abruzzo Wants Workers to Fight Back
May 14, 2025 // On May 5, Workday Magazine interviewed Abruzzo, who has since returned to the Communications Workers of America, as a senior advisor to the president. We talked about how protected concerted activity can include Gaza protests, why it’s a shame that domestic workers and farm workers are excluded from the National Labor Relations Act, and what workers can do to fight back in the Trump era. “It’s up to the people to actually use their power and flex their muscles in order to get the changes that they deem are appropriate,” she says, “so that they can live the lives that they deserve with dignity and respect.
GOP senators demand swift action against Biden-era ATF bureaucrats who allegedly ‘defrauded taxpayers’ of $20M — and still work for federal govt.
May 13, 2025 // “The OPM audit report found that experienced, rank and file ATF HR employees were passed over for career advancements and promotions because ATF assigned unqualified, inexperienced special agents to these leadership roles within [the ATF Office of Human Resources and Professional Development] and paid them more for doing similar work,” the senators wrote. They also noted that the scheme cost taxpayers millions of dollars.
Trump Labor Department Pauses Gig Worker Rule, Plans Repeal
May 5, 2025 // The announcement, made in an enforcement guidance May 1, brings to fruition plans to rescind the rule—which the Trump administration has signaled in response to pending litigation over the policy. “Agency investigators are directed not to apply the 2024 rule’s analysis in current enforcement matters,” according to a DOL press release. “This approach provides greater clarity for businesses and workers navigating modern work arrangements while legal and regulatory questions are resolved.”
A New Sheriff in Town? Trump Names His NLRB General Counsel
April 1, 2025 // Although Carey spent eight years as an attorney with the NLRB, she has criticized the Board’s recent precedent-shattering decisions barring employers from telling employees that unionization will negatively impact their relationship with management (Siren Retail Corp. d/b/a Starbucks, 373 NLRB No. 135 (2024)) and abolishing captive audience meetings (Amazon.com Services LLC, 373 NLRB No. 136 (2024)). If Carey is confirmed, we expect her to steer the NLRB and its prosecution of cases in an employer-friendly direction, including by continuing to rescind memoranda setting out the agenda of former GC Jennifer Abruzzo, a nominee of former President Joe Biden, and looking for cases where the Board can reverse Biden-era decisions.
Michigan Republican presses Chavez-DeRemer to rescind Biden-era labor regulations
March 20, 2025 // “I encourage DOL to enforce its laws while providing robust compliance assistance to workers and businesses instead of continuing the enforcement-only approach taken by the Biden-Harris administration,” Walberg said Wednesday to Chavez-DeRemer in a letter shared with The Hill.