On March 18, President Trump fired both Democratic commissioners from the Federal Trade Commission—Alvaro Bedoya and Rebecca Kelly Slaughter—with a “your services are no longer aligned” email from the White House.
This is not surprising. This administration has already fired leadership at the NLRB, EEOC, and other federal agencies. The goal is to reshape the agencies to fully align with the administration’s agenda.
🤷🏻♂️ Why should employers care❓
While the FTC is traditionally known for consumer protection, it has increasingly inserted itself into workplace law.
Here’s what the FTC has been up to:
🔒 Non-Competes & Restrictive Covenants: While the FTC non-compete ban is dead, the agency recently announced a Joint Labor Task Force to, among other things, keep policing workplace agreements.
🤝 Labor Market Antitrust: No-poach clauses, wage-fixing schemes, and coordinated hiring practices have been treated as antitrust violations. The FTC joined forces with DOJ to go after employers for suppressing competition among workers.
🧠 Employee Data Privacy & AI Oversight: The FTC cracked down on how employers use AI hiring tools, surveillance software, and workplace data.
🛻 Gig Worker Classification: The agency signaled growing interest in independent contractor misclassification, especially in the app-based gig economy.
📲 Consumer Protection Still Matters: For any business with a digital presence, new rules like “Click-to-Cancel” show the FTC’s still involved in its core regulatory role.
🧐 Now What?
With Bedoya and Slaughter gone, the FTC is down to two Republicans: Chair Andrew Ferguson and Melissa Holyoak. Trump has nominated a third Republican, Mark Meador, who, when confirmed, gives the FTC a clear conservative majority. (No more than three commissioners can be from the same party.)
👀 Are the firings legal?
Both commissioners claim their dismissals violate a Supreme Court case called “Humphrey’s Executor.” That case, from 1935, limits presidential power to fire FTC commissioners without cause. Slaughter and Bedoya may challenge the terminations in court, just like Gwynne Wilcox did after being fired from the NLRB. A federal court reinstated Wilocx. Her case is headed to the Supreme Court.
Any legal challenge over the firing of the FTC commissioners is also likely headed to the Supreme Court.
Even if the fired commissioners are reinstated, it’s only a matter of time before a conservative majority takes hold. That will likely bring some realignment:
❌ Non-Compete Ban = DOA
Ferguson and Holyoak torched the FTC’s non-compete ban in their dissents. Expect the FTC to drop its defense in court and abandon enforcement efforts.
🧩 Labor Antitrust Enforcement = Still a Go
Surprisingly, there’s bipartisan agreement here. The FTC will likely continue to target labor market restrictions—think no-poach and wage collusion.
🧠 Data Privacy, AI, and Surveillance = Pullback Likely
Expect a more pro-business stance, with less enthusiasm for regulating hiring algorithms and employee monitoring.