Laborsphere

Pres. Trump Removes NLRB GC and Member, Testing Limits of Presidential Authority

On the heels of firing NLRB General Counsel Jennifer Abruzzo, Pres. Trump’s decision to remove Board Member Gwynne Wilcox is an unprecedented move that could hamper the National Labor Relations Board and draw swift legal challenges to test the longstanding removal protections recognized by the Supreme Court for independent federal agency heads. Removing Wilcox also leaves the Board with only two members, and the Supreme Court has held that absent its three-member quorum, the NLRB cannot execute its duties. These developments are sure to have a direct and immediate impact on federal labor law and labor-management relations, to which employers should pay close attention in this rapidly changing landscape.

To view the full alert, visit the Faegre Drinker website.

Mexico’s 12 Percent Wage Hike Comes Into Effect January 1, 2025

The right to a minimum wage sufficient to meet the basic needs of workers is enshrined in the Mexican Constitution. Minimum wages in the country are set on a daily basis, ensuring workers receive a set amount for each day worked. On January 1, 2025, the Mexican minimum wage, which is set by the National Minimum Wage Commission (Comisión Nacional de los Salarios Mínimos or CONASAMI), received a considerable 12 percent increase nationwide.

With this increase, the nationwide minimum wage is now MXN $278.80 per day (or approximately USD $13.76) and the minimum wage for the Free Zone of the Northern Border (Zona Libre de la Frontera Norte or ZLFN), the area along the northern border of Mexico, which encompasses the states of Baja California, Sonora, Chihuahua, Coahuila, Nuevo León and Tamaulipas, is now MXN $419.88 per day (or approximately USD $20.72). The 12 percent increase will also apply to workers in 61 professions and trades who are entitled to special professional minimum wage. Specific professions impacted include construction workers, cashiers, agricultural laborers, domestic workers, and masons and bulldozer operators.

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Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) Under the Trump Administration 2.0

President Trump has ordered a review of Temporary Protected Status (TPS) designations made under the Biden administration. The President has previously stated that he intends to revoke TPS for Haitians and Venezuelans, two of the three largest groups of TPS beneficiaries in the United States. During his first administration, he chose to let TPS designations expire for several countries before being blocked in court. Other humanitarian immigration programs like Deferred Enforced Departure (DED) may be at risk under the new Trump administration. The administration’s actions in choosing to extend or eliminate TPS and DED designations for countries up for expiration in 2025 will inform how the administration will proceed with the humanitarian programs.

To view the full alert, visit the Faegre Drinker website.

Deferred Action for Childhood Arrivals (DACA) Under the Trump Administration 2.0

With the future of the DACA program remaining uncertain in 2025 and beyond, it is crucial for employers to take immediate action if they haven’t already. Employers should familiarize themselves with their workforce and screen their employees for other potential benefits, exploring options to transition them to another nonimmigrant status where feasible. While DACA provides temporary relief, it does not lead to lawful permanent residence or other immigration statuses. However, DACA recipients are still eligible to apply for nonimmigrant status, file for adjustment of status based on an immigrant petition, or seek other immigration benefits or protections they may qualify for. Given the time of year, it is particularly advantageous to assess H-1B visa eligibility in preparation for the upcoming H-1B cap lottery in the spring.

To view the full alert, visit the Faegre Drinker website.

Extreme Vetting at U.S. Embassies and Consulates

Executive Order “Protecting the United States From Foreign Terrorists and Other National Security and Public Safety Threats” directs federal agencies, including the U.S. Department of State, to re-establish enhanced vetting and screening processes for foreign nationals seeking a visa or immigration benefit of any kind. Agencies are to vet and screen visa applicants to the maximum degree possible, particularly foreign nationals applying and arriving from nations with identified security risks. It is expected that additional vetting and screening requirements will only add to increased wait times for visa clearances at U.S. embassies and consulates. The order further directs the administration to begin the process of restoring a potential travel ban within 60 days.

To view the full alert, visit the Faegre Drinker website.

President Trump Revokes Executive Order 11246

President Trump revoked Executive Order 11246, among others, in a presidential action titled, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” EO 11246 and its related executive orders stood as the underlying authority requiring federal contractors to comply with race and gender affirmative-action obligations.

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