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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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.
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Donald Harrison had been acting administrator since April, and rescinded Biden-era guidance on independent contractor status and prohibiting the seeking of liquidated damages under the Fair Labor Standards Act (FLSA) during his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.
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.
The Centers for Disease Control End Telework for Workers With Disabilities Who Need Reasonable Accommodations
The federal government is required to provide reasonable accommodations to workers with disabilities so they can perform their jobs. Often, teleworking is the most effective accommodation.
Impact: Once the current accommodations expire, workers with disabilities will find it much more difficult to continue working at the CDC, perhaps leading to further reductions in an already depleted and much needed workforce.
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.