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Category: Agency Enforcement

Trump Seeks Significant Cuts to FY26 Budget of Workplace Regulators

President Trump’s proposed budget for fiscal year 2026 would eliminate the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) and substantially cut funding for most agencies that regulate the workforce. The President submitted his budget request to Congress May 30. DOL’s Veterans’ Employment and Training Service (VETS) would assume OFCCP’s enforcement of the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA,...
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Category: Appropriations

Proposed Budget Seeks Nearly 35% Cut to Labor Department

President Trump sent Congress an outline of his budget request for fiscal year 2026 on May 2. The proposal seeks a cut of nearly 35% for the Labor Department, mostly from workforce training programs. FY 2026 runs from October 1, 2025, to September 30, 2026. The proposal seeks $8.6 billion for DOL, a decrease of $4.6 billion (34.9%) from its...
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Category: Agency Enforcement

President Trump Nominates Crystal Carey as NLRB General Counsel

On March 24, President Trump nominated Crystal Carey to serve as the General Counsel of the National Labor Relations Board. If the Senate confirms her, Carey will take over for Acting General Counsel William B. Cowen, whom President Trump appointed on February 3. In the short time since, Acting General Counsel Cowen has swiftly implemented policy changes by rescinding numerous memoranda issued...
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Category: Labor Relations

President Trump Fires NLRB Member Wilcox, General Counsel Abruzzo

President Trump has fired two Senate-confirmed Democrats from the National Labor Relations Board: Member and former Chair Gwynne Wilcox; and the Board’s General Counsel, Jennifer Abruzzo. Wilcox’s termination is controversial because the National Labor Relations Act states that the President may remove Board Members only for neglect of duty or malfeasance. Wilcox’s term was not scheduled to end until August 2028. She...
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Category: Agency Enforcement

President Trump Designates New Leadership at Workplace Compliance Agencies

President Trump has moved quickly to install new leadership at agencies responsible for workplace compliance. He has already designated new officials at the EEOC, where he named Republican Commissioner Andrea Lucas to serve as Acting Chair, and at the NLRB, where he designated Republican Marvin Kaplan to serve as Chairman. At the Labor Department, he designated career official Vince Micone...
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Category: Agency Enforcement

NLRB Again Reports Big Increase in Unfair Labor Practice Charges in FY 2024

The number of unfair labor practice charges filed with the National Labor Relations Board increased for the fourth consecutive year in fiscal year 2024, NLRB enforcement data show. The 21,300 ULP charges filed from October 1, 2023—September 30, 2024, are the highest number filed since FY 2016. The Board made 259 final administrative determinations in FY 2024, up from 246...
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Category: Agency Enforcement

DOL and NLRB Commit To Further Assist Antitrust Agencies in Merger Investigations

The Department of Labor (DOL) and the National Labor Relations Board (NLRB) have signed a Memorandum of Understanding (MOU) with the government’s antitrust enforcement agencies, committing to share information that could help in investigations of allegedly anticompetitive merger acquisitions. The MOU with the Department of Justice (DOJ) and the Federal Trade Commission (FTC), formally called the Memorandum of Understanding on...
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Category: Labor Relations

NLRB Update: August 2024

There have been several important developments recently involving the National Labor Relations Board: (1) On July 26, 2024, the Board issued its Fair Choice–Employee Voice Final Rule, which restored three policies that the Trump-era Board had scuttled— the blocking charge policy, voluntary union recognition, and parity for construction industry unions. (2) The NLRB dropped its appeal of a court ruling that invalidated...
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Category: Appropriations

Best Case Scenario for EEOC, OFCCP in FY 2025 May Be Flat Funding

As Congress moves forward with setting federal government funding levels for fiscal year 2025, it seems increasingly likely that workforce enforcement agencies will be funded at current FY 2024 levels. These agencies include the Labor Department’s (DOL) Office of Federal Contract Compliance Programs (OFCCP), the U.S. Equal Employment Opportunity Commission (EEOC), and the National Labor Relations Board (NLRB). FY 2025...
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Category: Labor Relations

Fifth Circuit Rules NLRB Erred in Changing Employee Misconduct Standard

The U.S. Court of Appeals for the Fifth Circuit has ruled that the National Labor Relations Board (NLRB) violated an employer’s due process rights by reinstating a worker-friendly misconduct standard without giving the employer an opportunity to express its views. The court’s July 9 ruling in Lion Elastomers, L.L.C. v. NLRB ordered the NLRB to set aside a standard that considered...

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