The Acting General Counsel of the National Labor Relations Board has rescinded a number of general counsel memoranda that were issued by the general counsel during the Biden Administration. President Trump has rescinded executive orders that raised the minimum wage for employees of federal contractors and made a priority for to select projects for federal funding that invested in America and American workers. A bipartisan group of Senators introduced a bill designed to speed up contract negotiation after workers vote to unionize. The Acting Chair of the Equal Employment Opportunity Commission (EEOC) has written to twenty law firms seeking information on the diversity, equity, and inclusion (DEI) employment practices.

NLRB Rescinds General Counsel Memos – William Cowen, Acting General Counsel at the National Labor Relations Board (NLRB) has rescinded a number of general counsel memoranda issued during the Biden Administration. According to Mr. Cowen, “it is incumbent upon all government leaders to continuously examine what we are doing and why we are doing it in order to explore ways to improve our service to the public.” He advised that his review is ongoing, and additional adjustments will be made.

Among the General Counsel memos that were rescinded are:

• GC 22-06 Update on Efforts to Secure Full Remedies in Settlements
• GC 23-02 Electronic Monitoring and Algorithmic Management of Employees Interfering with the Exercise of Section 7 Rights
• GC 23-08 Non-Compete Agreements that Violate the National Labor Relations Act
• GC 24-04 Securing Full Remedies for All Victims of Unlawful Conduct
• GC 25-01 Remedying the Harmful Effects of Non-Compete and “Stay-or-Pay Provisions” that Violate the National Labor Relations Act
• GC 25-02 Ensuring Settlement Agreements Adequately Address the Public Rights at Issue in the Underlying Unfair Labor Practice Allegations

Federal Contractor Employment Executive Orders Rescinded – President Trump issued an executive order rescinding  Executive Order 14026, Increasing the Minimum Wage for Federal Contractors that was issued by President Biden. The Executive Order raised the minimum wage paid by federal contractors to $15 per hour, beginning January 30, 2022, and indexed the minimum wage for employees of federal contractors beginning January 1, 2023, and annually thereafter. Starting on January 1, 2025, the minimum wage rate for employees of federal contractors increased to $17.75 per hour.

In the same Executive Order, President Trump also rescinded Executive Order 14126, Investing in America and American Workers that was issued by President Biden and prioritized projects being selected for federal contracts that emphasized several factors including: promoting positive labor-management relations; enhancing worker productivity by promoting family-sustaining wages and economic security for workers through paid leave, health care, retirement benefits, and child, dependent, and elder care; combating discrimination that limits employment for workers from underserved communities; strengthening workforce development by expanding access to high-quality training and portable credentials; and promoting and protecting worker health and safety.

Bipartisan Labor Bill Introduced – Senator Josh Hawley (R-MO) introduced along with a bipartisan group of senators the Faster Labor Contracts Act (S. 844). The bill has the support of the Teamsters Union and according to Senator Hawley, “Despite exercising their legal—and moral—right to bargain collectively, workers are often prevented from enjoying the benefits of the union they voted to form when mega-corporations drag their feet, slow-walk contract negotiations, and try to erode support for the union.”

 This bill would amend the National Labor Relations Act (NLRA) by reducing to ten days the time between a vote in favor of unionization and the start of negotiations between the new union and the employer.  If no agreement is reached within 90 days, the dispute would be referred to mediation and if mediation failed within 30 days, the parties could extend the time for negotiation, or the dispute would be referred for binding arbitration. The Government Accountability Office would be required to report on the average time it takes to reach a contract after employees vote to unionize. The bill has been referred to the Committee on Health, Education, Labor, and Pensions.

EEOC Seeks DEI Employment Practices Information – Andrea Lucas, Acting Chair, Equal Employment Opportunity Commission (EEOC) sent letters to twenty law firms seeking information about their diversity, equity, and inclusion (DEI) related employment practices.  According to the EEOC, “some firms’ employment practices, including those labeled or framed as DEI, may entail unlawful disparate treatment in terms, conditions, and privileges of employment, or unlawful limiting, segregating, and classifying based on race, sex, or other protected characteristics, in violation of Title VII of the Civil Rights Act of 1964.” EEOC also established an email where whistleblowers can submit information to the EEOC about potentially unlawful DEI practices at law firms.

This action follows the issuance on January 21^st of Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity which directed federal agencies to investigate various employers looking for DEI programs or principles “that constitute illegal discrimination or preferences.”

Neil Reichenberg is the former executive director of the International Public Management Association for Human Resources. He is an attorney, a frequent writer and speaker on public policy and human resource issues, and an adjunct faculty member at George Mason University. For questions or additional information, contact Reichenberg at neilreichenberg@yahoo.com.