Trump Administration Makes More Agency Changes
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APPLIES TO All Employers |
EFFECTIVE As Indicated |
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Quick Look
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Discussion:
Changes to the Federal Trade Commission
On March 18, 2025, President Trump removed Alvaro Bedoya and Rebecca Kelly Slaughter, the two Democrat commissioners of the Federal Trade Commission (FTC). With the firings, the FTC is now left with two Republican commissioners: Chair Andrew Ferguson and Commissioner Melissa Holyoak. The president has nominated a third Republican, Mark Meador, to fill one of the vacancies, which would solidify conservative control over the five-member agency. However, President Trump cannot stack the FTC beyond that. Under the rules Congress put in place to govern the FTC, no more than three commissioners can come from the same political party.
Unlike other agencies, the FTC can continue to pursue enforcement actions and other regulatory activity with only two commissioners in place. With a conservative majority, we may see a shift in regulatory focus, specifically with respect to noncompete agreements, labor antitrust, and workplace data privacy. That said, the two commissioners who were dismissed this month have filed a lawsuit challenging their terminations, so employers should continue to monitor these developments.
New Director for the OFCCP
On March 24, 2025, President Trump appointed Catherine Eschbach to serve as the new director for the Office of Federal Contract Compliance Programs (OFCCP). In the Department of Labor’s announcement of the appointment, Director Eschbach expressed that she is “honored” to “oversee its transition to its new scope of mission” and is “committed to carrying out President Trump’s executive orders, which will restore a merit-based system to provide all workers with equal opportunity.”
Under executive action, the Trump Administration has sought to limit affirmative action requirements to veterans and individuals with disabilities and combating illegal DEI programs – but the new OFCCP leader has said that she also wants to review mandatory affirmative action plans submitted prior to the new administration for potential longstanding discriminatory practices. It is not yet clear if or how these reviews will be conducted, or which federal contractors or subcontractors will be affected, but employers should continue to monitor any developments and work with legal counsel to establish an action plan to comply with the agency’s direction.
Action Items
- Monitor regulatory actions from both agencies.
- Discuss concerns with legal counsel.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase