The results are in and we’re taking a look ahead at the potential changes in laws and policies that could impact employers in President-Elect Trump’s new administration. Particularly, we will be closely monitoring:
The DOL’s Final Overtime Rule
Earlier this year, the U.S. Department of Labor expanded its overtime rules, which included a doubling of the “white collar” salary threshold to $47,476. These rules are effective December 1, 2016. Bipartisan attempts in Congress to delay implementation of the new rules were unsuccessful. However, the Trump administration, along with a Republican controlled Senate and House, could halt implementation of the new rules or eliminate them altogether. Until we hear otherwise, employers should prepare for the new rules to take effect on December 1.
Affordable Care Act (the “ACA”)
It will remains up in the air when or if the Affordable Care Act, or Obamacare, will be repealed, whether in whole or in part, but regardless, employers need to be on the lookout for changes in healthcare laws.
Current Executive Orders
President-Elect Trump has proposed six weeks of paid maternity leave to mothers who do not already receive leave from their employer, but some speculate that mandatory paid leave will not be part of a proposed legislation package. Whether President-Elect Trump reverses any of President Obama’s Executive Orders affecting federal contractors (e.g., paid sick leave, disclosure of employment and labor law violations in bids, increased minimum wage, pay equity, and LGBTQ non-discrimination provisions) remains to be seen. For now, all Executive Orders remain intact unless repealed.
Immigration reform was a hot button during President-Elect Trump’s campaign. If Mr. Trump stays true to his word, employers should expect to see changes to the current system.
An August ruling redefined what constitutes an employee under labor law. In Browning-Ferris, the National Labor Relations Board (NLRB) classified contractors as “employees.” The ruling stated that if a company determines a contractor’s wage, shifts and production standards, the company legally employs the individual. To be determined on how the Trump administration will move forward with this ruling.
These are just a few of the employment-related issues that we will be keeping an eye on as we head into 2017 and beyond.
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