Ideological Shift in Labor and Employment Oversight: The Business Impact of Trump’s EEOC, DOL, NLRB, and SCOTUS Priorities

Presented by: John Husband, Esq., Holland & Hart LLP and Kevin McCormick Esq., Whiteford, Taylor & Preston LLP

An ideological shift for federal regulatory oversight is happening in Washington, D.C. On the day he took office, President Donald Trump signed a “Regulatory Freeze Pending Review” memo, directing all federal agencies to temporarily postpone implementation of regulations published in the Federal Register that had not yet taken effect. The White House has also said that for every new regulation a federal agency enacts, it should cut two. Recently, Victoria Lipnic and Philip Miscimarra were named acting chairs of the Equal Employment Opportunity Commission (EEOC) and the National Labor Relations Board (NLRB), respectively. On the judicial front, what will be the practical impact be of Neil Gorsuch’s confirmation as the justice to replace conservative jurist the late Antonin Scalia? What impact will Trump-era appointees have on regulatory and policy development impacting the workplace?

This session will cover:

  • The business impact of enforcement priority shifts at the Department of Labor, NLRB, and EEOC
  • What’s “out” and “in” concerning controversial regulations on EEO-1 pay data reporting pay data and other issues following the transition away from a Democrat-controlled EEOC
  • How a conservative, constitutionalist-centric Supreme Court majority could impact the outcome of labor and employment cases shaping the future workplace practices and policies
  • The likely fate of “micro” organizing units under the National Labor Relations Act (NLRA), the NLRB’s decisions in Browning-Ferris Industries on joint employer liability for labor violations, D.R. Horton on waivers in employer agreements, and other controversial cases that expanded workers’ NLRA protections
  • And more