“The Big, the Bad, and the Ugly”: Inside the US Labor Department’s new enforcement strategy

Solicitor of Labor Jonathan Berry sets out the Trump administration’s approach to enforcement and employer compliance

Jonathan Berry, Solicitor of Labor
Jonathan Berry, Solicitor of Labor, speaking at IEL’s Global Employment Summit 2026

In this special episode, we speak to Jonathan Berry, Solicitor of Labor at the US Department of Labor, about the legal priorities, enforcement philosophy, and regulatory changes shaping the administration’s approach to work and employment.

Author of the Labor Department chapter in Project 2025’s Mandate for Leadership, Berry has attracted criticism from unions and civil-rights groups concerned about the future of worker protections. Now in office, he explains how he sees his role as an enforcer of the law rather than a maker of policy, and what that distinction means in practice.

He also unpacks his “Big, the Bad, and the Ugly” approach to enforcement, the decision to give greater deference to workplaces covered by collective bargaining agreements, and whether European-style works councils and employee representation on company boards could have a place in the American workplace. 

The discussion also provides an update on proposed changes to independent-contractor and joint-employer rules, his thoughts on loosening restrictions on hazardous work for teenagers, as well as the Trump administration’s “Project Firewall” and growing scrutiny of employer-sponsored H-1B visas and green card applications.

Listen to the episode on Spotify or Apple Podcasts.