January 09, 2025

Labor and Employment Newsletter

4 min

Post-Election Special Edition

Updates

Wage and Hour Law during Trump's Next Administration: Issues We're Watching

As the country prepares for a new presidential administration, employers and employees alike face questions about the future of wage and hour law. While there is potential for change in various wage and hour issues during the next presidential term, much is still in flux. President-elect Donald Trump has proposed several reforms, including eliminating taxes on tips and overtime pay, but the details of those proposals are still unclear. As we saw with the Biden administration, it is possible that the incoming Trump administration will take action to undo certain rulemaking efforts made by the previous administration over the last four years.

Trump Administration's Impact on Employee Benefits Issues

In 2025, President-elect Donald Trump's administration will begin implementing its agenda. The new administration's priorities and positions on certain benefits-related issues are expected to take a dramatic shift from those of the Biden administration. This article discusses some of the benefits-related issues that are expected to be impacted by the new administration.

Prepare for Pro-Employer Shift in Labor Law under the Trump Administration

Decisions and policies under the National Labor Relations Board have become increasingly politicized the last few decades resulting in significant swings between pro-employer and pro-union/employee positions depending on which party holds the Presidency or controls Congress. (The President has discretion in the hiring or firing of the NLRB General Counsel; while appointment of board members to the NLRB for five-year terms are made by the President and confirmed by the Senate). The last four years have seen a decided, and extensive, pro-union/employee shift in labor law in a number of General Counsel initiatives and Board decisions. Under the Trump Administration, and Republican Congress, it is expected the Board and a new NLRB General Counsel will, over time, roll back and overturn many of the NLRB's pro-unionization rules and decisions under the Biden Administration. Below we discuss how, and when, the Trump Administration will seek to change the NLRB, and discuss the consequential NLRB rules and decisions likely to be reversed over the next four years.

Changes Employers Can Expect Under the Second Trump Administration That May Impact Non-Competes, Severance, and More

As President-elect Trump continues to announce appointments of key officials for his incoming administration, many employers are left wondering: How will the Trump administration's policies affect the day-to-day practices and operations of employers and their workforces?

Trump 2.0: What Changes Lie Ahead for Institutions of Higher Education

As President-elect Donald Trump prepares for his second stint in the White House beginning January 2025, higher education leaders are bracing for potential shifts in policy that could reshape the landscape of institutions of higher education (IHEs). Below, we take a look at Trump's nominee for Secretary of Education, the future of the department she will likely run, and substantive areas in higher education that are most ripe for significant reform.

Planning Ahead: How a Second Trump Term Could Impact Independent Schools

The election of President-elect Donald Trump to serve a second term could carry significant implications for independent schools. As we move toward Inauguration Day, it would be wise for independent schools to stay attuned to the issues of potential impact, both at the federal and state level.

We Want to Hear from You

What legal issues are keeping you up at night?

We are continuing to monitor key trends and significant updates that affect employers across a wide variety of industries. We want to make sure we touch upon issues that are of concern to you. We invite you to take a moment and let us know what you would like to hear more about in this newsletter. Click below to email our team of attorneys.

About the Labor and Employment Group

The national, 40-person Labor and Employment team at Venable provides guidance and support across the full spectrum of workplace dynamics – helping employers control costs, avoid disputes, and defend themselves when litigation arises. As co-editors of this newsletter, Michael Volpe and Doreen Martin invite you to share the content with your colleagues and reach out with any questions.

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