Labor & Employment Law Daily Wrap Up, STRATEGIC PERSPECTIVES—Top labor and employment developments for January 2025, (Feb 5, 2025)
By Kathleen Kapusta, J.D.
In case you missed the in-depth coverage of Labor & Employment Law Daily during January, here’s a recap of some key developments in the L&E community.
Highlights include:
Deluge of executive orders: On the same day he was sworn into office, President Trump began issuing a record number of executive orders, including proclaiming it to be the policy of the county to recognize two sexes, male and female, and taking aim at DEI everywhere in the federal agencies. He also, among many other things, ordered the federal workforce to return to the office, announced four pillars around which a “reformed federal workforce” would be built, and purported to end birthright citizenship.
Agency shakeups. In addition to the unprecedented number of orders and directives, the President announced shakeups to the NLRB and the EEOC as well the terminations of more than 15 Inspectors General. And the Acting EEOC Chair announced that the agency was rolling back the Biden administration’s gender identity agenda.
Supreme Court. The Supreme Court, earlier in the month, held that the default preponderance standard governs when an employer seeks to prove an employee is exempt under the FLSA. The Court also heard arguments in two other employment law cases, including a case asking whether, under the ADA, a former employee who was qualified to perform her job and who earned post-employment benefits while employed, “loses her right to sue over discrimination with respect to those benefits solely because she no longer holds her job.”
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