Possible Employment Law Changes

With a new president coming in to office, many experts have thoughts on where President-Elect Trump will lead key employment laws. Here are some key issues that could be affected by the change in power coming in January:

  1. DOL’s Final Overtime Rule

The DOL expanded its overtime rules earlier in 2016. Under this the “white collar” salary threshold was doubled to $47,476. These rules were scheduled to take effect on December 1, but on November 22, 2016, the U.S. District Court for the Eastern District of Texas issued a preliminary injunction blocking the DOL’s new rule. Even if the injunction is overturned, many are suspecting Mr. Trump will halt the implementation of the rules or even reverse them since bipartisan efforts in Congress to delay implementation were unsuccessful.

  1. Minimum Wage

Nobody seems really sure about how Mr. Trump will feel about a federal minimum wage increase. It seems unlikely that there will be a change in federal minimum wage immediately, but certain states are preparing to implement a local increase in the minimum wage.

  1. Affordable Care Act

Most are saying there won’t be a total repeal of the Affordable Care Act, but plenty of provisions could be repealed. These are likely to impact employers sponsoring group health plan coverage for their employees.

  1. Workplace Safety

This topic has not been one of the President Elect’s priority areas, but based on comment and literature he might streamline OSHA by repealing some or all of its recent rules. These rules primarily focus on increased penalties and reporting requirements. He is expected to instead refocus OSHA on high-hazard enforcement.

  1. Immigration

This has been Mr. Trump’s big issue throughout his campaign. Employers will most likely see changes to the current system. These could include nationwide expansion of E-Verify, and increased enforcement of immigration laws.

Employers have just months before some of these changes could be implemented. Start preparing for possible changes with by teaming up with the attorneys at InnovaCounsel. They can provide legal advice for businesses on how to best comply with new employment laws and identify potential risks.


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