The Letters State: “If The Trump Administration Breaks Its Promise To Working Americans And Chooses Not To Fully Defend The Rule, We Will”

Washington, DC — A coalition of organizations advocating for working Americans and their families across numerous industries and all fifty states sent demand letters to Attorney General-Designate Bondi, Secretary-Designate Chavez-DeRemer, Acting Attorney General James McHenry, and Acting Secretary Vince Micone, stating their intention to intervene if the Trump administration fails to uphold its commitment to vigorously defending overtime and independent contractor regulations which are critical to the economic security of workers.  

The letters were sent by Democracy Forward on behalf of Service Employees International Union, National Employment Law Project, Economic Policy Institute, Restaurant Opportunity Centers United, and REAL Women in Trucking (independent contractor letter only).  

“In the first week of the Trump-Vance administration, we have seen a series of actions set to accelerate the implementation of some of Project 2025’s most harmful plans,” said Skye Perryman, President and CEO of Democracy Forward. “These letters make clear that, on behalf of our clients and those representing working Americans, if the Trump administration will not uphold the prior administration’s commitment to defending workers, and that means vigorously defending the overtime and independent contractor rules against legal challenges, we will.” 

The 2024 Overtime Rule and the 2024 Independent Contractor Rule have been the subject of several legal challenges by employers seeking to protect their bottom lines at the expense of their employees’ hard-earned wages. To date, the Department of Justice has vigorously defended the rules against these challenges. Signatories hope that the Department of Justice will continue this zealous defense, but the administration has not yet stated that it will do so.

As the letter reads, “If, however, the Trump administration intends not to defend the 2024 rule, or to do so with less than full vigor, institutions that actually wish to protect the interests of American workers will need to intervene in the pending litigations to defend this critical rule” and for each critical protection. The letters continue, “If the Trump administration breaks its promise to working Americans and chooses not to fully defend the rule, we will.”

The Overtime letter is available here and the Independent Contractor letter is available here.

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