With the start of a new presidential administration comes forecasting from legal experts about which federal agencies will see an overhaul or perhaps a sea change in the next several months. As an employment lawyer, I predict that the following topics will see increased attention from President Trump and his cabinet.
Labor
The National Labor Relations Board (NLRB) is expected to look very different once President Trump has the ability to appoint new members. During the Biden administration, the NLRB took novel views towards unionization efforts, ruling that college athletes have the right to organize. It is expected that President Trump will appoint business-friendly Board members for any vacant seats. In New Hampshire, the Dartmouth Men’s Basketball team recently withdrew its petition for unionization from the NLRB in anticipation of the change in administration.
In the past two elections, organized labor has been somewhat split in its support of Presidents Biden and Trump. President Biden famously picketed alongside United Auto Workers union members in Michigan, the first time a sitting president has ever done so, in September of 2023. Meanwhile, law enforcement unions have supported President Trump’s campaigns historically, and Trump has nominated law enforcement leaders for prominent cabinet posts in the past. Notably, Trump has nominated former Oregon Representative Lori Chavez-DeRemer— a Republican with a strong base of union support— to lead the Department of Labor. It remains to be seen whether the new administration will revise the overtime rules that the Biden administration implemented in 2024 that were then struck down by a Trump-appointed judge in the Eastern District of Texas on November 15th. For now, businesses should be advised that the salary threshold for overtime pay has reverted to the 2019 rate of $684 per week for most workers, and $107,432 annually for highly compensated workers who also meet other overtime eligibility requirements.
The DOL also released a new (and supposedly improved) wage and hour app for businesses to track their employees’ hours with the goal of more accurate record keeping for all. Businesses, especially those with hourly employees, may wish to review the app at the DOL’s website to determine whether the app is a good fit for their workforce and their business needs.
Employment
The Biden administration enacted several new laws aimed at protecting the rights of pregnant workers- the PUMP Act, which grants breastfeeding workers the right to express breastmilk in a private, clean area in the workplace without retaliation, and the Pregnant Workers Fairness Act (PWFA), governing reasonable accommodations for pregnant workers. Many have questioned whether the PWFA will be reevaluated in President Trump’s next term because the law currently requires employers with 15 or more employees to make accommodations for pregnant workers when the need for an accommodation or the worker’s limitation is “known” to the employer. This awkward phrasing has caused some confusion for employers who seek to comply with the law but are unsure of how to approach the topic when an employee has not yet disclosed their pregnancy or related medical condition(s). President Trump will have the opportunity to appoint leaders for the Equal Employment Opportunity Commission (EEOC) that will likely favor management, as his picks did during his first term.
Non-competes are also expected to receive attention from the Trump administration. The U.S. Chamber of Commerce successfully challenged a ban on non-competes in the Eastern District of Texas, a federal court that has become popular with parties looking to challenge Biden-era laws. It is expected that President Trump will take a stance favoring the use of non-competes. It is important to note that many states, including Massachusetts and Maine, have greater protections for employees subject to non-competes. It is best to verify with an employment lawyer whether your business’s non-compete agreement is likely to pass muster in your jurisdiction.
The Americans with Disabilities Act Title II rule on web and mobile app accessibility will also be top of mind for public sector entities, both as employers and providers of essential services for their citizens. State and local governments must ensure that their websites and mobile apps are accessible for people with disabilities, including vision impairment, hearing impairment, and other conditions. There are certain technical requirements to comply with the new rules in time for April 2026 and April 2027. For more information, please see the Department of Justice’s website on ADA compliance. It remains to be seen whether these rule changes will remain on track, or whether the Trump administration will alter their content or implementation.
Title IX
During the 2024 election, issues surrounding gender identity became focal points in various contexts- youth sports and college sports being particularly hot button issues nationally and in New Hampshire. Title IX is a law that historically recognized the need for women and girls to have equal access and funding for education, including in sports and other extracurricular activities. Title IX also comes into play when a student on a college campus accuses another student of sexual misconduct. The Biden administration overhauled the Trump-era regulations governing Title IX in the summer of 2024. It is now expected that President Trump will return to the regulations in place from his first term, with some potential additions. In recent years, some accused parties in sexual assault cases on college campuses have alleged (with varying success) that their colleges and universities did not provide full due process as required under Title IX. I expect that in Trump’s second term, respondents in these cases will vigorously argue that their Title IX rights are also in issue, and that colleges and universities must provide due process during the investigation and hearing processes, including cross examination of witnesses, the right to confront any adverse witness or documentation, and more.
Conclusion
These are just a few topics that I predict will receive attention from President Trump’s administration in 2025 and the ensuing years. These opinions do not constitute legal advice. If you would like guidance on the topics above or another legal matter, you may contact the attorneys at Devine Millimet at 603-669-1000.
