On April 17, the Coalition for a Democratic Workplace sent a letter to the National Labor Relations Board, Department of Labor, and Federal Trade Commission urging they consider rescinding regulatory activity pursued under the Biden administration as part of their review of all regulations under its purview as required by Executive Order 14219, Ensuring Lawful Governance and Implementing the President’s “Department of Government Efficiency” Deregulatory Initiative.

The letter highlights the following regulations:

• Standard for Determining Joint Employer Status (RIN 3142-AA21) (NLRB)
• Non-Compete Clause Rule (RIN 3084-AB74) (FTC)
• Joint Employer Status Under the Fair Labor Standards Act (RIN 1235-AA37) (WHD)
• Election Procedures (RIN 3142-AA18) (NLRB)
• Representation-Case Procedures: Election Bars; Proof of Majority Support in Construction Industry Collective-Bargaining Relationships (RIN 3142-AA22) (NLRB)
• Revision of the Form LM-10 Employer Report (RIN 1245-AA13) (OLMS)

As we explain in the letter, these regulations, if kept in effect, “would have devastating consequences for the economy, business community, and workers nationwide, including decimating successful business models, infringing on workers’ rights, and violating employers’ due process rights.” Moreover, each regulation falls under at least one of the seven categories of regulations that are unlawful and/or undermine the national interest as specified in the Executive Order.