It will take months before American voters learn how their election of Donald J. Trump will reshape national employment and labor laws, but here are some changes that may occur under a new Republican administration that are expected to tilt policy toward employers:
- Repealing many key provisions of the Affordable Care Act;
- Repealing the Persuader Rule, which expanded disclosure requirements for employers that use advisers to fight unionization drives;
- Repealing the Fair Pay Safe Workplaces Rule, which required federal contractors to report labor violations;
- Repealing or modifying many key provisions of the Labor Department’s overtime rule, which doubled the salary level under which employees are entitled to overtime;
- Abandoning the Equal Employment Opportunity Commission’s recently completed plan to collect pay data from many employers and federal contractors;
- Designating a new EEOC chair that will flip the commission to a 3-2 Republican majority;
- Tweaking the EEOC’s rules governing wellness program incentives under the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act to allow employers to offer broader incentives for employee participation in employer-sponsored wellness plans;
- Repealing the Labor Department’s final rule holding all financial advisers handling retirement accounts to a fiduciary standard;
- Strictly enforcing current immigration laws and dramatically reducing refugee admissions;
- Designating two of the five seats vacant on the National Labor Relations Board that will flip the Board to a Republican majority; and
- Moving towards a national right-to-work law.
The bottom line is that you can be sure that employment and labor laws will see some substantial changes over the next four years and McMahon Berger will be there to keep you up to speed. The St. Louis employment attorneys at McMahon Berger have been representing employers across the country in labor and employment matters, for almost sixty years, and are available to discuss these issues and others. As always, the foregoing is for informational purposes only and does not constitute legal advice regarding any particular situation as every situation must be evaluated on its own facts. The choice of a lawyer is an important decision and should not be based solely on advertisements.