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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Trump Administration Attempts Again to Dissolve TSA Workers’ Union Contract
For a second time, the Trump administration moved to unilaterally cancel the 2024 collective bargaining agreement between the Transportation Security Administration and its baggage screening workers. The administration’s first attempt to do so earlier this year was blocked by a federal judge.
Impact:
The agency hasn’t appealed the preliminary injunction issued by Senior U.S. District Judge Marsha Pechman of the Western District of Washington. Instead, it is claiming a national security exemption. The American Federation of Government Employees (AFGE), which represents the workers, said that the union “will continue to challenge these illegal attacks on our members’ right to belong to a union” and noted that weeks earlier, Homeland Security Secretary Kristi Noem had been praising the dedication of TSA workers who had continued to work unpaid while the government was shut down.
DOL Wage and Hour Division Releases Opinion Letter re: Family and Medical Leave Act Calculations
DOL’s Wage and Hour Division releases opinion letter to clarify application of federal labor standards for calculating Family and Medical Leave Act (FMLA) leave for correctional law enforcement workers under a “Pitman schedule” of work.
Impact:
Wage and Hour Division opinion letter FMLA2025-02-A indicates that in determining the appropriate amount of an employee’s FMLA leave entitlement, an employer may convert the workweek to its hourly equivalent in a manner that equitably reflects the employee’s total normally scheduled hours.
DOL Wage and Hour Division Releases Opinion Letter re: Joint Employment
DOL’s Wage and Hour Division releases opinion letter to clarify application of federal labor standards for joint employment at a hotel’s “members club” and restaurant.
Impact:
Wage and Hour Division opinion letter FLSA-2025-05 indicates that both the restaurant and members club are jointly liable for all aspects of FLSA compliance for its joint employment staff.
DOL Wage and Hour Division Releases Opinion Letter re: Emergency Pay for Firefighters and City Workers
DOL’s Wage and Hour Division releases opinion letter to clarify application of federal labor standards for “emergency pay” for firefighters and other city employees and overtime pay.
Impact:
Wage and Hour Division opinion letter FLSA2025-04 indicates that emergency pay for firefighters and other city employees at issue does not qualify as a discretionary bonus that may be excluded from an employee’s regular rate of pay.
DOL Wage and Hour Division Releases Opinion Letter re: Oyster Shuckers Tip Pool
DOL’s Wage and Hour Division releases opinion letter to clarify application of federal labor standards for "front of house" oyster shuckers.
Impact:
Wage and Hour Division opinion letter FLSA2025-03 indicates that employers may require employees for whom the employer takes a tip credit to share tips in a tip pool with the front-of-house oyster shuckers.
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.
Trump Issues “The Gold Card” Executive Order, Allowing People and Employers To Purchase Immigration Visas for $1 Million and $2 Million Respectively
Visas are very hard to come by, with many people waiting more than a decade to immigrate to the United States to escape oppressive conditions and be reunited with family members.
Impact: The United States will now start the unseemly practice of selling visas to those who can afford to spend exhorbitant amounts of money, rather than those who have waited in line and have compelling reasons to immigrate.
FTC Abandons Defense of the Noncompete Rule Amidst Legal Challenge
The Federal Trade Commission (FTC) has withdrawn notices of appeal that involved challenges to its proposed rule to ban most non-compete agreements.
Impact:
Under the Biden administration in 2024, the FTC issued a rule that would have banned virtually all new non-competes for all workers. A federal court in Texas blocked the rule from taking effect nationwide, ruling that the FTC exceeded its authority, and the FTC filed an appeal of the court’s decision. The Trump administration effectively ended the federal ban on non-competes when it announced on September 5th that it was withdrawing the appeal.
Almost Half a Million Federal Workers Lose Union Rights Under Trump
More than 445,000 federal workers have been stripped of their union rights and protections in response to two executive orders issued by the Trump administration.
Impact:
The first executive order signed in March had been challenged by five labor unions who have sued the Trump administration over the order. On August 1st an appeals court ruling resulted in the loss of protection against that executive order for millions of federal workers. Last week, Trump signed an additional executive order stripping union rights and protections from federal workers at six other federal agencies.
Immigration Raids and Audits Impacting Workers and Elevating Risks to Businesses
Aggressive Trump administration immigration policy is putting businesses and gig corporations and their workforces on edge as companies anticipate a hiring squeeze.
Impact:
More than two dozen quarterly or annual filings from companies over the last month have revealed deep anxiety over civil penalties, workplace raids, and worker shortages in many sectors, as a result of the Trump administration’s immigration policy. Impacts are being felt and anticipated in science and technology sectors as well as in app-based or gig corporations. In some cities, up to 90 percent of ridehail drivers on digital labor platforms are immigrants, according to some reports.