Labor and Employment Alert

Employment Pulse (February 2025 Edition)

February 14, 2025

McGlinchey’s Employment Pulse showcases thought leadership from our team of experienced labor and employment attorneys, providing timely insights that help employers stay competitive, meet regulatory requirements, and tackle evolving workplace challenges. 

Executive Orders and Federal Contractors: Minimum Wage Requirements Called into Question

We’ve seen the President issue a number of Executive Orders in recent weeks. What is the precedent for these orders, particularly when it comes to governing the operations of federal contractors? What is the process for these orders to be implemented, and what can employers expect?

Trump on Education: Transgender Women in Sports

On February 5, 2025, President Trump signed an Executive Order addressing one of the most contentious and debated educational issues: the participation of transgender women in sports. The order noted that it would be the policy of the United States to “rescind all funds from educational programs that deprived women and girls of fair athletic opportunities” and “oppose male competitive participation in women’s sports.” In effect, the order bans transgender women from competing in women’s sports at federally funded institutions.

EEOC Tackles Employer Use of “Wearables”

“Wearable technologies” like Fitbits, smartwatches, and more allow their users to monitor their activities throughout the day, their mental or physical condition, and many other metrics. But can employers use the same technology to monitor employees’ workplace activity or implement proximity sensors that warn of nearby hazards?

NLRB’s General Counsel Provides Guidance on Balancing NLRA and Equal Employment Laws

On January 16, 2025, the General Counsel of the National Labor Relations Board published a memorandum explaining her opinion as to how employers can reconcile compliance with both the National Labor Relations Act and federal equal employment opportunity (EEO) laws.

Are Transgender and Non-Binary Employees Being Erased from Workplace Policies?

On his first day in office, President Trump issued an Executive Order that “[i]t is the policy of the United States to recognize two sexes, male and female” – effectively reversing the Biden administration’s policies on DEI and transgender rights. The EO only applies to federal agencies, but could the concept gain traction in a Republican Congress?

Will DEI Programs Become Extinct Under the Trump Administration?

On his first day as president, Trump made clear that he felt that DEI programs were promoting illegal discrimination. He signed an Executive Order called “Ending Radical and Wasteful Government DEI Programs and Preferencing.” While this EO only applies to the federal government, the sentiment is unmistakable.

Podcast: Overtime Rules, Minimum Salaries, and DEI: Employment Changes Under a New Administration

Employment law is constantly evolving, and 2025 will be no exception. In this episode, we cover hot topics at the federal level and what a new administration could mean for laws surrounding overtime work and diversity, equity, and inclusion (DEI) initiatives.

CFPB Issues New Guidance on AI in Employment Decisions

There are many technological programs at an employer’s disposal, ranging from checking a candidate’s background during the application process to surveilling employee activity by using AI-based technology through smartphones and similar devices. Many of these reports contain sensitive information unknown to workers, which can significantly impact hiring decisions, job assignments, and career advancement. Legislators and federal agencies have begun to take notice of concerns surrounding employer use of AI in employment decisions.

Is a “Tip” Paid in Cryptocurrency a Tip for Employment Tax Purposes?

Even though cryptocurrency tips should not be treated as wages, they still are income to the employee. When does the employee value the cryptocurrency tips for income tax purposes? FAQ 11 in Notice 2014-21 provides that the fair market value of virtual currency paid as wages is measured in U.S. dollars at the date of receipt.