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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The Trump Administration Threatens to Withhold Backpay from Federal Employees Once the Shutdown Ends
In spite of the very clear language of The Government Employee Fair Treament Act of 2019, which Trump himself signed into law, he and his administration claim they don't have to give federal employees backpay once they return to work.
Impact:
This is the latest example of the administration using hard working public servants as pawns in their political fights. There is no basis in law, fact, or historical tradition to deny backpay.
The Senate Confirms James Woodruff as a Member of the Merit Systems Protection Board
Woodruff was confirmed on a straight party line vote.
Impact:
The MSPB now has a quorum, which means it can take up the cases of federal employees who believe their rights have been violated, but with a Republican majority, there are worries that the MSPB will rubber-stamp the Trump administration's actions in firing so many workers.
The Senate Confirms Brittany Panuccio as a Commissioner on the EEOC
Panuccio has virtually no relevant professional experience and as she made clear in her confirmation hearing, she will be a rubber stamp for the Trump administration's attack on civil rights.
Impact:
The EEOC now has a quorum, which means it can start reversing important guidance that protects LGBTQ+ workers, people with criminal records, and other workers from discrimination and harassment in the workplace.
The Senate Confirms a Number of Nominees, Including Jonathan Berry, Andrew Rogers, and David Keeling to Positions in DOL
Berry, the author of the labor and employment chapter of Project 2025, which calls for loosening restrictions against child labor, waivers of federal wage and hour laws, and an all-out abandonment of protections for LGBTQ+ workers, has been confirmed as the Solicitor of Labor. Keeling is the head of OSHA and Rogers is the Administrator of the Wage and Hour Division.
Impact:
All have a decidedly pro-business orientation, but Berry's views on the rights of workers are far outside the mainstream and his confirmation is grave cause for concern.
Black Women Disproportionately Impacted By Trump Administration Layoffs and Policy Changes
Around 300,000 Black women have exited the labor force in the U.S. in the past three months driven largely by layoffs and policy changes under the Trump administration, according to data from the U.S. Bureau of Labor statistics and other experts.
Impact:
In addition to the mass firings and layoffs of federal workers, the Trump administration’s crackdown on Diversity, Equity, Inclusion and Accessibility has changed the workforce landscape in the corporate world, leading to large numbers of Black women leaving the workforce.
Unions File Lawsuit Against Trump Administration Over Plans For Mass Layoffs During the Government Shutdown
The American Federation of Government Employees (AFGE) and the American Federation of State, County and Municipal Employees (AFSCME) filed a lawsuit today challenging the mass layoff plans the Trump administration has instructed for the Office of Personnel Management (OPM) during the government shutdown.
Impact:
The Federal government officially shutdown at 12:01amET on Wednesday, October 1st. The lawsuit, filed on September 30th, alleges that OPM is unlawfully directing agencies to issue mass reduction of force (RIF) notices that could strip employees of back pay rights (currently required by law), violate agencies’ statutory duties, and target workers whose jobs are essential during a shutdown. The lawsuit also names as defendants the Office of Personnel Management and its Director Scott Kupor, which issued unprecedented instructions that federal employees may perform work during the federal government shutdown in order to carry out mass RIFs, in violation of the law.
The Bureau of Prisons Cancels its Union Contracts
This is the latest move by the Trump administration to deny workers their rights to collectively bargain over the terms and conditions of their employment.
Impact:
The CBAs for BOP workers were largely aimed at making sure they had safe working conditions, given the risks inherent in working in federal prisons. Workers are rightly worried about their health and safety, especially in light of the government shutdown.
DOL Withdraws Proposed Rule Before Publication to Amend Child Labor Protections
There was never publicly available information about precisely what DOL was considering, but NELP opposes any attempts to weaken child labor laws.
Impact: There will be no changes, at least for now, to DOL child labor restrictions.
DOL Wage and Hour Division Has New Acting Administrator
The Trump administration has quietly replaced the Department of Labor's (DOL) Wage and Hour division acting administrator Donald Harrison with James Macy.
Impact:
Donald Harrison had been acting administrator since April, and rescinded Biden-era guidance on independent contractor status and prohibiting the seeking of liquidated damages under the Fair Labor Standards Act (FLSA) during his tenure. The nomination of Andrew Rogers to serve as Administration of the Wage and Hour Division has been pending since June.
Trump Orders Payment of $100,000 for Any New Visas Issued to Foreign Workers in Certain Highly Skilled Professions
This payment is designed to try to stem abuse of this program and instead make sure employers make adequate efforts to fill the positions with people already living in the United States.
Impact: With the new fee applying only to new visas and not to existing visa holders, it remains to be seen just how effective the new policy will be.