PUTTING WORKERS FIRST?

Who are the Trump Administration & Congress (really) fighting for?
"Every decision . . . will be made to benefit American workers."
- President Trump, Inaugural Address, Jan 20, 2017
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Week 257
Dec 26, 2021

DOL finalizes rule that will allow federal contractors to claim a religious carveout.

  • OFFCP finalized a rule that will allow contractors to claim the same religious exemption as faith organizations like churches - allowing them to discriminate against workers who live their lives in a manner that the employer deems inconsistent with the tenets of his/her/their faith.
  • This rule could make it easier for employers to not hire, fire, or possibly discriminate against their workers under the claim that it is a religious right.
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Week 204
Dec 15, 2020

Trump’s DOL rushes to finalize fiduciary rule.

  • The agency is rushing to rewrite the Obama-era rule, which requires financial advisors to only give advice that is in the best interest of their clients.
  • If finalized, this rule could place retirees in jeopardy of receiving bad financial advice, or losing money based on flawed financial advice.
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DOL
Week 200
Nov 17, 2020

EEOC reveals new religious discrimination guidance.

  • The EEOC released new employer guidance for religious liberty in the workplace.
  • This is not the first time the Administration has expanded discrimination protection under the guise of religious freedom. This guidance could allow employers to thwart bias claims by claiming a religious exemption.
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EEOC
Week 198
Nov 02, 2020

Trump’s EEOC approves plan that may reduce agency’s jurisdiction.

  • The memorandum of understanding between the EEOC, DOJ, and DOL could shift some of the agency's legal authority and decision-making power to the other two agencies included.
  • This shift of power could allow the DOJ or DOL agencies to make decisions on discrimination cases. For example, DOJ and the EEOC have had major disagreements on past Title VII interpretations related to gender discrimination-allowing DOJ to have legal authority over these types of cases may leave workers at risk for workplace discrimination.
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EEOC
Week 197
Oct 28, 2020

Eastern District Court of CA halts Trump’s USDA decision to stop collecting farmworker pay data.

  • For over a century, the USDA has conducted a survey twice per year to determine wage rates for those enrolled in the H-2A guest worker program. The reporting from this survey is used to determine wages for those enrolled in the program. Trump's USDA announced in September that the agency would not be conducting the fall survey or report.
  • The court's decision to prevent the USDA (through a temporary restraining order and preliminary injunction) from cancelling the survey will prevent thousands of farmworkers from receiving inadequate pay.
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H-2A, USDA
Week 195
Oct 16, 2020

OPM finalizes rule giving federal workers less recourse in disciplinary process.

  • OPM has published final regulations (that will go into effect November 15th, 2020) that mandate portions of an earlier executive order issued by Trump that alters the disciplinary process for federal agencies.
  • These regulations will make it easier for managers and supervisors to discipline and fire federal government workers.
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Federal Workforce, OPM
Week 194
Oct 08, 2020

Trump’s OSHA fails to protect workers from retaliation for raising COVID concerns.

  • A recent report revealed that OSHA only settled 2% of over 1700 retaliation complaints from the beginning of the pandemic to early August. The data also showed that the agency dismissed more than half of the cases without an investigation.
  • OSHA's inaction to protect workers on the job that speak out about lack of safety protections will leave workers with no recourse when they are at risk of being exposed to COVID-19 in the workplace.
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DOL, OSHA
Oct 06, 2020

Trump’s DOL questions Microsoft’s racial equity initiative.

  • The Office of Federal Contract Compliance Programs probed Microsoft's pledge to increase the number of Black leadership staff within the company. The agency is inquiring if the commitment violates Title VII of the Civil Right Act.
  • A federal probe into diversity efforts could deter companies from launching similar efforts which may consequently result in Black people not advancing into higher positions in the workplace.
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DOL
Oct 06, 2020

OPM proposal will cut fees paid back to federal worker attorneys.

  • The agency is attempting to change a 40-year-old regulation that allows employee representatives, like union attorneys, to receive back pay after winning a case.
  • This proposal conflicts with longstanding legal interpretation and could shift resources needed by federal workers to file claims to other agencies and the court system.
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OPM
Oct 06, 2020

Trump’s DOL issues interim rule to increase minimum wage for foreign workers.

  • The administration completely pivoted from its previous stance on minimum wage increases by issuing a rule to raise the wages of foreign workers participating in the agency's Permanent Employment Certification (PERM) program.
  • This rule is not in the best interest of workers - it is an attempt to deter employers from hiring foreign workers by raising the wage requirements that employers must adhere to in an effort to make foreign workers less attractive hires.
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DOL
Week 193
Sep 30, 2020

OSHA eases reporting requirements for employers on worker COVID cases that result in hospitalizations.

  • OSHA has had a rule since 2015 requiring all employers to report to OSHA when a worker is hospitalized or suffers an amputation that is work-related. OSHA just bowed to industry pressure and changed their COVID-19 reporting requirements so that employers only have to report COVID-19 related worker hospitalizations that occurred within 24 hours following exposure.
  • This action will make it easier for employers to hide the spread of COVID-19 in the workplace.
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DOL, OSHA
Sep 30, 2020

New report reveals Trump’s EEOC is not capturing sufficient harrasment data.

  • A new GAO report shows that the EEOC does not track whether retaliation claims are connected to previous protected activity charges.
  • Connecting retaliation charges like harassment or discrimination to previous claims is integral to holding employers accountable for worker maltreatment.
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EEOC
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