The second administration of President Donald Trump began on January 20, 2025, with a flurry of activity when he signed a multitude of Executive Orders (EO). EOs are issued by a president to manage the executive branch of the federal government. Among the EOs signed by the President were ones that took significant actions affecting the workforce and more are sure to come.
Employment and labor laws, regulations, and enforcement come from three basic areas of the federal government: The Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC), and the National Labor Relations Board (NLRB). In addition, actions in immigration enforcement affect employers and the workforce. This article reviews the labor, employment, and immigration actions during the first weeks of the new Trump administration.
Diversity, Equity & Inclusion is Threatened
President Trump swiftly moved to end diversity, equity, and inclusion (DEI) initiatives in the federal government and by federal contractors when signing an EO on January 21, just one day after the inauguration. The EO states that federal contractors are no longer mandated to have affirmative action programs, and the EO prevents the Office of Federal Contract Compliance Programs from pushing contractors to balance their workforce based on race, sex, gender identity, sexual preference, or religion. Notably, disability and veteran initiatives continue to be acceptable affirmative action programs. The EO Fact Sheet is titled “President Donald J. Trump Protects Civil Rights and Merit-Based Opportunity By Ending Illegal DEI” and specifically calls DEI programs illegal discrimination.
While the President’s statements and actions are bold, the illegality of DEI programs is unproven. The administration based its decision on the college admissions policy ruled on by the Supreme Court of the United States (SCOTUS) in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (2023). In that decision, SCOTUS held that the race-based admissions practices of Harvard College and the University of North Carolina violated the Equal Protection Clause of the Fourteenth Amendment to the Constitution. As a result, these programs were found to be illegal in how they were performed. The Court determined that some forms of race-based programs might be acceptable under strict scrutiny if they are used to further compelling governmental interests and are narrowly tailored. In addition, the Court stated that race-based admissions must, among other things, never use race as a stereotype or negative.
Many differences between race-based college admissions and DEI programs distinguish these initiatives, and importantly, SCOTUS does not address DEI programs in the opinion. Nevertheless, the administration has extended the Court’s opinion to deem DEI programs illegal. As a result, many companies have ended their DEI initiatives to avoid federal scrutiny and the threat of federal action. While DEI programs are likely to be legally defensible if they face a government challenge, the cost of defending such an action could be significant.
Not all companies fall under EEOC enforcement related to DEI programs. The EEOC enforces employment laws in businesses that have 15 or more employees (20 employees for age discrimination complaints) for at least 20 calendar weeks in the current or previous year.
In addition to challenges by the federal government, nineteen states that support the President’s anti-DEI theory have threatened action against a large private company due to its DEI program. The states taking part in this action are Alabama, Arkansas, Georgia, Idaho, Iowa, Kansas, Kentucky, Louisiana, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, and Virginia. Companies with employees in these states will need to be aware that they, too, could be targeted by the state attorneys general in discrimination actions based on DEI programs.
Companies that fall within the size range for EEOC investigations and enforcement actions, and companies with employees located in any of the 19 states identified above, should strongly consider whether to maintain or dissolve any formal DEI initiatives. They should examine their human resources or hiring initiatives to make sure that no one characteristic determines why a candidate is hired. The administration seems particularly focused on gender identity issues.
Significant Changes at the EEOC
The EEOC is led by five commissioners who are appointed by the sitting president when the position needs to be filled. Commissioners serve a five-year term, and the terms are staggered so that not all of the commissioners are appointed in the same year. Traditionally, a new administration does not forcibly remove commissioners, but this time President Trump did not wait for the terms to expire for two of the commissioners who were appointed by President Biden. These commissioners were fired on January 27, 2025, and because this action is unprecedented, it may result in lawsuits seeking to reinstate the commissioners. In addition, the EEOC General Counsel, appointed by President Biden, was fired by President Trump.
The EEOC now has only two commissioners and as a result, does not have a quorum until the President appoints new commissioners. The lack of a quorum means that no new rules or regulations can be made, and the Commission cannot undertake any non-routine lawsuits that involve significant or unprecedented actions. The President will also appoint a new General Counsel, who will influence the types of investigation that will advance through the Commission’s enforcement process. Until that time, an Acting General Counsel is maintaining the status quo.
In the interim, Acting Chairperson Andrea Lucas, issued a statement that the Commission will be focusing on the harassment of women and will be rolling back gender-identity protections. She outlined priorities and changes to the guidance that mostly relate to single-gender spaces in workplaces, such as restrooms, locker rooms, and sleeping rooms. If a company has a stated policy about gender-identity and use of these spaces, that policy should be examined to ensure that biological female employees have a dedicated space that is separate from those used by biological males. Companies may have a gender-neutral bathroom that can be used by transgender employees, much like stand-alone bathrooms at airports and other venues commonly used by families and people with disabilities.
The Department of Labor Headed by Former Co-Chair of Printing Caucus
Congresswoman Lori Chavez-DeRemer (R-Oregon) has been chosen as the new Secretary of Labor and is expected to be confirmed. Secretary Chavez-DeRemer was the co-chairperson of the Congressional Printing Caucus, a group formed to highlight issues important to the printing industry. Secretary Chavez-DeRemer visited an Alliance member's printing company last year, arranged by the Alliance Government Affairs team. In her new role, Secretary Chavez-DeRemer will no longer serve in Congress and cannot be a member of the Printing Caucus, however, the Alliance outreach to the Secretary will continue as it brings awareness of issues important to the printing industry to her attention.
Secretary Chavez-DeRemer was one of only a small number of Republicans who voted in favor of the “Protecting the Right to Organize” (PRO) Act, legislation that was favorable for union organizers. Because the Secretary voted in favor of the PRO Act, but was still chosen to lead the DOL, it signals that the new Trump administration will likely have more labor-friendly policies than the first Trump administration.
Unlike many of the federal agencies, the DOL has not been part of the initial wave of layoffs that the administration is making as it seeks to disrupt traditional federal government processes and organizations. However, the contraction of federal agencies will be an ongoing effort and may result in a smaller DOL in the future.
The first notable rule that will be changed is the Independent Contractor Rule. For many years, the Independent Contractor standard has been changed when the presidency switches political parties. The new administration has withdrawn from litigation defending the version of the Independent Contractor rule implemented by the Biden administration. The case is before a federal Court of Appeals, which will determine if the Biden version or the prior Trump version prevails. The new administration will almost assuredly revise the rule again if the Biden version is left in place by the Court of Appeals.
The Fair Labor Standards Act (FLSA) Overtime (OT) Rule is controlled by the DOL Wage & Hour Division. The Rule was challenged and a federal court rolled back parts of the rule that increased the base or “threshold” salary that workers must earn before they can be found exempt from the OT Rule. It is likely that the Trump administration will revise the rule within the first two years of the President’s term.
Remaking the NLRB
The NLRB is a five-member board that hears cases involving union activity and has a General Counsel who influences the policies and cases that the Board takes. The NLRB during the Biden administration was strongly pro-labor, which was the opposite approach from the first Trump administration. The acting chairperson for the Board is Marvin Kaplan, who has been on the board since 2017 and served as the chairperson for part of the first Trump administration.
The Board had two open seats prior to the administration change. Since taking office, President Trump fired the Democratic member of the Board, Gwynne Wilcox. Consequently, the Board no longer has a quorum and will not be able to issue final decisions on cases. The President also fired the General Counsel, Jennifer Abruzzo, and the acting General Counsel, Jessica Rutter, and has appointed William Cowen as the Acting General Counsel.
The President is expected to fill the three open Board seats with Republicans who support the new administration’s approach to labor policy. A new General Counsel will also be appointed, and that person will have significant input on the direction that the NLRB will take on labor issues.
In light of the President’s appointment of a somewhat labor-friendly Secretary, the appointees to the NLRB will likely be moderate on labor issues. This would be a departure from the first Trump administration, which was strongly anti-labor.
Immigration is a Priority for the New Administration
The new administration immediately acted on immigration issues. The most pressing among these issues for printing companies are immigration raids and worksite enforcement.
Immigration falls under the Department of Homeland Security (DHS). Immigration and Naturalization Services (INS) is a department within the DHS that handles visas, as does the DOL for workers who are sponsored by their employers.
Immigration enforcement for people that are past a point of entry into the United States is handled by Immigration and Customs Enforcement (ICE). The new administration has also stated that other federal law enforcement agencies are being brought into immigration enforcement, including the Federal Bureau of Investigations (FBI) and the Secret Service.
Because deportation of undocumented immigrants is an administration priority, employers are on notice that ICE raids of facilities will increase. So far in the new administration, enforcement actions have not been focused on employers, but rather on individuals, but companies should be aware that the possibility of a raid is higher than in the recent past.
Civil and criminal enforcement actions that employers may experience include:
- Fraud audits for employer sponsored visas
- Facility searches for undocumented workers
- Administrative I-9 audits
- Detaining people who already have a deportation order against them
Employers need to prepare now to make sure all documentation is ready in the event of a visit from ICE. An immigration action would most likely include an I-9 audit, so companies need to verify that all employee I-9 records are complete.
If an administrative I-9 audit happens, the company will be served with a Notice of Inspection and employers will have at least three business days to produce the I-9 document that is requested. In the event of a Homeland Security investigation, I-9 information will be requested, as well as other documents such as a copy of the employer’s payroll, a list of active and terminated employees, articles of incorporation, and business licenses.
If ICE agents appear at a facility, the following steps are recommended:
- Stop ICE agents at reception. The agents are allowed access only to public spaces without a warrant. Be polite, but firm in denying access to the facility.
- Show the agents into an office or conference room that does not have windows into the facility.
- ICE agents may have administrative warrants, but these do not give them the authority to enter private spaces or obtain evidence. To do that, the agents must have a judicial warrant or meet an exception to the warrant requirement.
- Exceptions to a warrant include being given consent by a person with authority to do so, or exigent circumstances, such as being in pursuit or having probable cause of a crime.
- Exigent circumstances can be found by the agents if they are waiting in the designated area and witness activity that gives them probable cause. This might be witnessing people hurriedly leaving the facility or other suspicious activity.
- Call attorneys immediately and make the ICE agents aware that legal counsel will be coming to meet them at the facility.
- While waiting for attorneys, collect the business cards that the agents carry, and get their badge numbers.
- If the ICE agents have judicial warrants and will not wait for the attorneys, follow the agents as they go through the facility and record everything that happens.
- Make note of each person that the ICE agents speak to in the facility.
If ICE agents have a warrant or exigent circumstances and enter the facility, people do not have to respond to any questions by ICE agents. The Fifth Amendment to the Constitution allows people to avoid saying anything that might incriminate them in an illegal act, and this right includes all employees and management.
Conclusion
The landscape of labor, employment, and immigration law and enforcement is undergoing significant change. Due to the changes occurring at the federal level, it is also expected that the states will likely increase regulation and enforcement actions. The Alliance will be closely monitoring the federal and state changes to keep employers up to date about how to manage their workforce.
In this article Adriane Harrison, VP of Human Relations Consulting, PRINTING United Alliance, addresses the actions of the new administration that are affecting employers. More information about labor and employment laws and regulations can be found at the Center for Human Resources Support or reach out to Adriane directly if you have additional questions specific to how these issues may affect your business at: aharrison@printing.org.
To become a member of the Alliance and learn more about how our subject matter experts can assist your company with services and resources such as those mentioned in this article, please contact the Alliance membership team: 888-385-3588 / membership@printing.org.
