As part of the Trump Administration’s significant efforts to roll back the Biden Administration’s policies, the Acting General Counsel of the National Labor Relations Board (the “NLRB”)  recently rescinded, via Memorandum GC 25-05, more than 30 Biden Administration memoranda.  Chief among the rescinded memoranda is the NLRB’s 2023 guidance regarding non-disparagement and confidentiality provisions included within non-managerial employees’ severance agreements, which followed the NLRB’s February 21, 2023 decision in McLaren Macomb. 

Pay transparency laws have taken the country by storm over the last few years, and 5 additional states (Illinois, Minnesota, Massachusetts, New Jersey, and Vermont) have debuted or will debut their own versions in 2025.  These laws aim to close discriminatory-based pay gaps.  This shared goal, however, is one of the only similarities in the now-15 state-specific laws promoting pay transparency.  Among other differences, there are myriad differences among the laws’ employee coverage thresholds, job posting requirements, and remedies, meaning employers must remain hyper-aware of any compliance obligations – some of which may be triggered by merely advertising a remote position that could feasibly be performed in states where the employer does not otherwise have a physical presence.  

President Trump has issued a flurry of wide-ranging executive orders intended to shake up the employment landscape.  One of those orders, entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Executive Order”), takes aim at non-compliant DEI programs and policies.  It also creates a momentous change in the federal contractor landscape by revoking Executive Order 11246, which has, for the past sixty years, served as the foundation for non-discrimination and affirmative action requirements in the federal contracting space.  Although the Executive Order’s mandates are vague in many places and raise more questions than they answer, at bottom, the Executive Order appears designed to attempt to effectively stamp out DEI programs and policies in the federal workforce, while putting private sector employers on notice and pushing them to proactively modify, narrow or even end their DEI initiatives.  But as we’ll discuss more below, these developments do not compel private employers to rescind their DEI programs and policies entirely; instead, employers should use the Executive Order as an opportunity to review their existing programs and policies to ensure that they (i) continue to align with their mission and organizational goals, (ii) are legally compliant in light of the change in administration, and (iii) whether subsequently modified or not, thereafter are effectively communicated to stakeholders. 

Effective November 21, 2024, Massachusetts employees may take earned sick time to “address the employee’s own physical and mental health needs, and those of their spouse, if the employee or the employee’s spouse experiences pregnancy loss or a failed assisted reproduction, adoption, or surrogacy.”  

The Mintz ESG Working Group created an in-depth primer covering the current landscape of ESG issues businesses are typically confronting. Our attorneys examine a broad spectrum of topics, including the polarization of rulemaking on the state and local levels, regulation and enforcement trends, and DEI policies, to help companies effectively navigate the ESG landscape. 

Read more about how Mintz's attorneys Andrew Nathanson, Katharine Foote, Danielle Dillon, and Edmund Daley advocated for victims rights and privacy during a complex criminal case.