Trump Names Acting Heads of DOL, NLRB and EEOC

U.S. President Donald Trump on Monday, Jan. 20, took an initial step toward overhauling many workplace-centered Biden administration policies by naming the acting heads of three federal labor agencies. The appointments, part of a larger slate of position announcements, included:

Vince Micone as acting secretary of labor, overseeing the Department of Labor (DOL)
Marvin Kaplan as acting chair of the National Labor Relations Board (NLRB)
Andrea Lucas as acting chair of the Equal Employment Opportunity Commission (EEOC)

Moving the DOL in a New Direction

The DOL posted a new leadership team chart that encapsulated the Micone appointment and the current heads of numerous agencies, including the Bureau of Labor Statistics (BLS), the Employee Benefits Security Administration (EBSA), the Occupational Safety and Health Administration (OSHA), the Office of Administrative Law Judges (OALJ), the Pension Benefit Guaranty Corporation (PBGC) and the Wage and Hour Division (WHD).

The DOL enforces federal labor laws that protect workers’ rights. Its mission is to improve working conditions, ensure fair pay and provide unemployment insurance.

As acting secretary of labor, Micone will likely begin taking steps to repeal several Biden-era rules, including regulations on overtime pay (see below) and determining when workers can be treated as independent contractors rather than employees.

The previous acting secretary, Julie Su, was nominated twice by President Biden but was never confirmed by the full Senate (Republicans’ lack of support was primarily tied to her previous role as California’s labor secretary under Democratic Gov. Gavin Newsom). The Senate Committee on Health, Education, Labor and Pensions last confirmed her nomination in February 2024. She served as acting secretary since March 2023, after the resignation of Marty Walsh.

Micone was most recently the head of the DOL’s Office of the Assistant Secretary for Administration and Management, where he provided day-to-day management to more than 770 employees in the national office and six regional offices. He formerly had roles with HR, procurement and business operations oversight within the Department of Commerce, Department of the Treasury and the Department of Homeland Security.

Micone will pave the way for former Rep. Lori Chávez-DeRemer, a Republican from Oregon, who Trump nominated to serve as full-time secretary of labor. Her nomination has generated little opposition and is expected to be eventually cleared by the Senate. Trump also nominated former EEOC commissioner Keith Sonderling to serve as deputy labor secretary. Sonderling is currently listed as senior advisor to the secretary.

Overtime Final Rule in the Crosshairs

One of Micone’s first actions as acting secretary of labor may be to pull back the DOL appeal of a federal judge’s Nov. 15 decision in the case State of Texas v. Department of Labor. In that court case, initiated by the State of Texas and more than a dozen business organizations, Judge Sean D. Jordan determined the DOL exceeded its statutory authority with its April 2024 final rule, titled “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees.” That rule sought to:

Raise the minimum salary for exemption as an executive, administrative or professional (EAP) employee under the Fair Labor Standards Act (FLSA) and, in doing so, expand access to overtime pay to an estimated 5 million American workers who had been classified as salaried (or exempt) by their employer.
Increase the total annual compensation level for exemption as a “highly compensated employee” (HCE) under the FLSA.

If the DOL rescinds the State of Texas appeal, the move would go along with a Trump trend of putting such issues for states and municipalities to decide. Five states (Alaska, California, Colorado, New York and Washington), three New York counties as well as New York City currently have their own salary thresholds for overtime consideration.

An additional scenario does exist where Micone holds off on pulling the appeal and defers to Chávez-DeRemer, who then decides to continue the DOL’s appeal in order to obtain some finality to the matter. While possible, it is a bit of a long shot. However, Chávez-DeRemer is a longtime supporter of unionization and workers’ right to organize. She is one of only three Republicans in Congress who backed the PRO Act, a wide-ranging labor law that would rein in the gig economy and boost workers’ organizing rights. Chávez-DeRemer hasn’t publicly disclosed her opinions or intentions toward the 2024 final rule and its subsequent lawsuits and legal hearings.

Shifting Tides at the NLRB and EEOC

In taking the reins as chair of the NLRB, Kaplan replaced Gwynne Wilcox, who was appointed to that role in December 2024 by Biden.

Kaplan is currently the sole Republican on the five-member board (two Democrats serve on the board and two seats are, at the moment, vacant) and his current five-term term expires in August.

The NLRB is an independent federal agency that safeguards employees’ rights to organize and form unions as their bargaining representative. The agency also acts to prevent and remedy unfair labor practices committed by private-sector employers and unions.

“The President’s announcement is an honor and privilege, and I look forward to serving as chairman of the National Labor Relations Board,” Kaplan said in a post on the NLRB website.

Before serving on the board, Kaplan worked as chief counsel to the chairman of the Occupational Safety and Health Review Commission.

In taking leadership of the EEOC, Lucas replaced Charlotte Burrows, who served as chair since 2021.

Lucas is the only Republican on the five-member EEOC and her current term expires in July. Democrats hold a 3-1 majority (one seat is vacant) and will retain control until July 2026 at the earliest.

Prior to Lucas’ EEOC appointment, she was a member of the labor and employment and litigation practice groups of Gibson, Dunn & Crutcher LLP.

The EEOC enforces laws that prohibit workplace discrimination and oversees all aspects of employment, including hiring, firing, promotions, training, wages and benefits.

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