Key Employment Law Developments to Monitor under the Trump Administration

During its first 100 days, the Trump Administration has issued numerous Executive Orders and taken other significant actions signaling the administration’s priorities and policy goals. We have been carefully monitoring these activities to gain a better understanding of their potential impacts upon private workplaces.

Through this process, we have identified five key areas to which private employers should pay close attention over the next four years:

• EEOC Enforcement Priorities and Guidance;
• Form I-9 Compliance and Immigration Related Issues;
• Enforceability of Non-Competes and Restrictive Covenants;
• Wage and Hour Issues; and
• The National Labor Relations Act and Protected Activity.

As we discuss each one below, it is important to remember that these are areas where some change is anticipated to occur. Any proposed changes, however, will likely be the subject of legal challenges. At this time, no federal legislative actions have been taken to change current laws relating to employment discrimination, harassment and retaliation, non-competition clauses, wage and hour requirements, or protected workplace conduct. These laws remain in full force and effect, and employers should continue to comply with all current statutes, rules and regulations relating to the workplace.

I. EEOC Enforcement Priorities and Guidance.

Upon being appointed as the Acting Chair of the Equal Employment Opportunity Commission (“EEOC”), Andrea Lucas, announced that the EEOC will act consistently with President Trump’s Executive Orders and priorities. As detailed in her announcement, this includes “rooting out unlawful DEI-motivated race and sex discrimination; protecting American workers from anti-American national origin discrimination; defending the biological and binary reality of sex and related rights, including women’s rights to single sex spaces at work; protecting workers from religious bias and harassment, including antisemitism and remedying other areas of recent under-enforcement.”

Even though the EEOC currently does not have the required number of commissioners to remove or modify previously issued EEOC guidance, employers should be aware that Acting Chair Lucas has indicated in her press release, Removing Gender Ideology and Restoring the EEOC’s Role of Protecting Women in the Workplace, that she will seek to remove or modify any items that address “gender identity” once there is a quorum of commissioners. More specifically, Acting Chair Lucas has stated that the EEOC’s Enforcement Guidance on Harassment in the Workplace “was fundamentally flawed” as it ignores biological reality and impinges on an employee’s right to freedom of speech and belief.”

Given President Trump’s Executive Order, Eradicating Anti-Christian Bias, employers should also continue to be aware of their obligation to protect their employees from religious discrimination/harassment and their obligation to reasonably accommodate an employee’s religious beliefs or practices. Moreover, on March 19, 2025, the EEOC and the Department of Justice issued two technical assistance documents focused on educating the public about unlawful discrimination related to diversity, equity, and inclusion (“DEI”) in the workplace and Acting Chair Lucas emphasized “While the public may be confused about what rules apply to DEI, the law itself is clear. And there are some serious implications for some very popular types of DEI programs. These technical assistance documents will help employees know their rights and help employers take action to avoid unlawful DEI-related discrimination.” What You Should Know About DEI-Related Discrimination at Work | U.S. Equal Employment Opportunity Commission.

II. Form I-9 Compliance and Related Immigration Issues.

It is no surprise that immigration is a top priority of the current administration. It is imperative that all employers properly complete Form I-9 for every individual they hire for employment in the United States, regardless of whether the person is a citizen or alien. As a reminder, employees must complete Section 1 of Form I-9 no later than the first day of employment, and Section 2 of Form I-9 must be completed within three (3) business days from the first day of employment. Employers can be subject to significant fines if they fail to comply strictly with the Instructions for Form I-9. Additionally, Florida’s public employers and Florida’s private employers with twenty-five (25) or more employees must use E-Verify to electronically verify employment eligibility of newly hired employees. Florida Department of Revenue’s New Employee Eligibility and E-Verify FAQ.

In a recent press release, EEOC Acting Chair Vows to Protect American Workers from Anti-American Bias, Acting Chair Lucas stated, “The EEOC is putting employers and other covered entities on notice: if you are part of the pipeline contributing to our immigration crisis or abusing our legal immigration system via illegal preferences against American workers, you must stop. The EEOC is here to protect all workers from unlawful national origin discrimination, including American workers.” She further stated that the EEOC will be “rigorously” enforcing the laws against employers who have “policies and practices preferring illegal aliens, migrant workers, and visa holders or other legal immigrants over American workers.” These statements, however, do not change an employer’s obligation to protect all employees from national origin discrimination and harassment regardless of the employee’s US citizenship status.

III. Enforceability of Non-Competes and other Restrictive Covenants.

In August 2024, the US District Court for the Northern District of Texas invalidated the Federal Trade Commission’s (“FTC”) Non-Compete Clause Rule, which would have nearly eliminated all use of non-competition agreements in the employment context. The Biden administration appealed this decision. The Trump administration, however, recently requested a 120-day stay to the appeal, signaling that it may drop all appeals of orders invalidating or enjoining the Non-Compete Clause Rule.

Even though the FTC may not proceed with enforcing the prior administration’s Non-Compete Clause Rule, this does not mean that non-compete clauses are free from potential challenges. On February 26, 2025, FTC Chairman Andrew N. Ferguson released his Directive Regarding Labor Markets Task Force reiterating that the FTC remains committed to protecting American consumers in the role as workers and that American workers are “harmed by deceptive, unfair, and anticompetitive employer labor practices that drive down what they earn for their labor.”

In his Directive, Chaiman Ferguson identified noncompete agreements, “which employers can use to impose unnecessary, onerous, and often lengthy restrictions on former employees’ ability to take new jobs in the same industry after they leave their employment,” as an example of a deceptive, unfair, and anticompetitive labor practice. Other notable examples in the Directive include, but are not limited to, “No-poach, non-solicitation, or no-hire agreements, where employers agree to refrain from hiring each other’s employees” and “labor-contract termination penalties, through which an employer can impede its workers from switching to a competing employer by imposing unjustified fees when workers want to end their contracts.”

Employers should anticipate that additional guidance from the FTC will be forthcoming given this administration’s focus on protecting the American worker. Employers should also remember that many states, including Florida, currently have laws limiting the enforceability of non-competition agreements and that these laws remain in full force and effect.

IV. Wage and Hour Issues.

On March 11, 2025, Lori Chavez-DeRemer was sworn in as the U.S. Secretary of Labor. In the DOL Press Release, Secretary of Labor Chavez-DeRemer reaffirmed the administration’s focus on putting the American worker first and stated that she will “work with business and labor to support good-paying jobs, grow our economy, and ensure every American can enjoy a comfortable retirement.” Although Secretary of Labor Chavez-DeRemer has not yet announced priorities for the DOL’s Wage and Hour Division, employers should anticipate a return to a less restrictive definition of “independent contractor.”

For example, House Republicans have introduced the Modern Worker Empowerment Act (H.R. 1319) to amend “the Fair Labor Standards Act of 1938 and the National Labor Relations Act to clarify the standard for determining whether an individual is an employee.” Under this proposed legislation, an individual would be an independent contractor rather than employee if (i) another person, such as an employer, does not exercise significant control over the details of the way the work is performed by the individual and (iii) while performing such work, the individual has the opportunities and risks inherent with entrepreneurship, such as the discretion to exercise managerial skill, business acumen, or professional judgment.

V. The National Labor Relations Act and Protected Activity.

On February 3, 2025, William B. Cowen was appointed Acting General Counsel of the National Labor Relations Board. On February 14, 2025, Acting General Counsel Cowen rescinded several memos issued by the previous general counsel including, but not limited to:

• GC 23-02 Electronic Monitoring and Algorithmic Management of Employees Interfering with the Exercise of Section 7 Rights;
• GC 23-05, providing guidance in response to the Board’s McLaren Macomb decision, in which the Board scrutinized non-disparagement and confidentiality provisions in a severance agreement;
• GC 23-08, arguing that most non-compete agreements unlawfully interfere with employees’ Section 7 rights under the NLRA; and
• GC 25-01, on non-compete and “pay or stay” agreements.

The recission of these memos provides insight into the NLRB’s priorities, but does not change the current law relating to protected activity in the workplace. Employers must still comply with the standard set forth in Stericycle, Inc. – that a work rule is presumptively unlawful if it “has a reasonable tendency to chill employees from exercising of their Section 7 rights” when viewed from the perspective of an economically dependent, layperson employee, who contemplates engaging in protected concerted activity and without regard as to the employer’s intent or whether an alternative, noncoercive interpretation of the rule also is reasonable.

In sum, while there may be substantive changes forthcoming, workplace policies and procedures, for now, largely remain the same. Given the administration’s flurry of activity and the resulting legal challenges, it is important that employers consult with experienced legal counsel before making significant changes to personnel policies and procedures. As always, we remain steadfast in our commitment to our clients and are prepared to guide you through any uncertainty you may face.

Your Partner in Labor & Employment Law

As the Trump Administration continues to signal shifts in workplace priorities through executive actions and agency guidance, it’s essential for employers to stay proactive and informed. While no changes to federal employment laws have occurred yet, the landscape is evolving, and compliance remains critical.

Our experienced Labor and Employment attorneys are closely monitoring these developments and are ready to help you assess potential impacts, navigate compliance requirements, and prepare your workplace policies for any anticipated changes.

Learn more about our Labor & Employment practice and how we support employers in managing workplace compliance and legal challenges.

Joan M. Vecchioli is a partner in the Clearwater office and is Board Certified in Labor and Employment Law by the Florida Bar.
Colleen M. Flynn is a partner in the Clearwater office whose practice focuses on Labor and Employment Law.
Rachael L. Wood is a partner in the Clearwater office whose practice focuses on Labor and Employment Law.

THIS ARTICLE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED LEGAL ADVICE. LEGAL ADVICE CANNOT BE GIVEN WITHOUT INFORMATION ABOUT YOUR SPECIFIC SITUATION.