2025 ushered in a new administration and a host of executive orders that are creating upheaval, uncertainty, and litigation. With offers of buyouts going out to federal workers, changes to the Federal Trade Commission and a new chair of the National Labor Relations Board, it got us thinking. What might all this mean for Labor and Employment litigation? We asked some of our Practus L&E attorneys what they expect will be on the radar this year.
Molly Aspan: Reverse discrimination lawsuits
We’re seeing a trend of more reverse discrimination claims. With the new administration’s focus on reversing DEI initiatives and the Supreme Court taking up a case to determine the standard for such cases, I expect 2025 will see a steady increase in reverse discrimination claims. In fact, I think we’ll see increased employment litigation and employer costs for compliance across the board.
As the new administration is unlikely to provide more workplace requirements and employee protections, we expect states and even municipalities to continue expanding such rights and protections for employees. This can take various forms, such as providing sick and other paid leave entitlements, ensuring protections for employees taking leave for family and/or medical reasons, requiring pay transparency, and limiting enforceability of covenants limiting employee mobility. Such provisions will require increased compliance costs for multijurisdictional employers, and possibly increased litigation for noncompliant employers.
Paul Cimino: Round pegs in square holes
Since the pandemic, we’re seeing companies and their workers getting more remote from each other. Yes, there have been a few corporations calling employees back to the office in news headlines, but remote or hybrid work remains a mainstay for many in the work force. 2025 will be no different. As a fractional General Counsel who has worked with dozens of companies, I’m seeing employers trying to make programs, policies and benefits tailored to an in-office workforce, fit a team of remote or hybrid workers. I’d advise employers to update their policies, so they address where and when their employees are working now, not five years ago. It’ll keep them out of trouble.
Lisa Bell: Now is a good time to review everything
It has been a fast moving first 100 days. Removals and appointments of “acting” roles have left some federal agencies without quorums and decision-making capacity. It’s a terrific time for employers to revisit workplace policies and business practices with the federal government. Executive Order No. 11246 has effectively created a stay of all investigations and enforcement at the Office of Federal Contract Compliance Program (OFCCP). Employers should take advantage of this stay to re-examine company policies, employee handbooks, performance measures, budgeting, and record keeping. Similarly, a new Chair and Acting General Counsel at the Equal Employment Opportunity Commission (EEOC) are setting new priorities: de-emphasizing DEI initiatives and gender identity protections but it will ignite a focus on national origin basis (US centered) and religious protections. We can expect new guidance but an increase in litigation and claims of constitutional violations. We recommend checking in with counsel to better understand how to interpret the sea of changes.
Robert Fried: NLRB frustrated in enforcement?
Despite a new Chair and new General Counsel heading the National Labor Relations Board, don’t expect big policy shifts. We saw the previous leadership refine enforcement of the NLRB Act in favor of labor unions. However, the five-member board has three vacancies and without a quorum enforcement of any labor law violations may be frustrated.
