Eleventh-Hour Developments In Labor And Antitrust Enforcement: Will They Survive The Trump Administration?

The Biden administration made many last-ditch efforts before the end of its term and across several agencies to entrench its labor and antitrust policies that favor workers. Less than a week before the Trump administration took over, the Federal Trade Commission (FTC) and the Department of Justice (DOJ), in conjunction with other agencies and, for two cases, with States Attorneys General, took a series of actions, changing guidance and filing lawsuits. Additionally, a private class action lawsuit against an employer utilizes the same labor antitrust theories that the agencies use. While the Trump administration is unlikely to continue robust enforcement in the labor markets, we expect State Attorneys General and the private plaintiffs' bar to pick up the baton.