Business Guidance / Insurance Protection

The Employment Law Roller Coaster

As a business owner, executive or human resources professional, you are obligated to be well-informed when it comes to employment law at the federal, state and local levels. This is not an easy task. Even when the Presidential Administration remains constant for an eight-year period, it can feel like a roller coaster ride adapting to regulation changes already in effect and preparing for new legislation being rolled out.

Now, with the 2016 election behind us, we need to prepare for a Presidential administration that will likely bring significant change to the world of employment law. Here are some insights related to what we will be paying close attention to once the new administration takes over the White House.

The Affordable Care Act: If you saw any of Mr. Trump’s debates or speeches throughout the campaign, you know that he is not a fan of the Affordable Care Act. We expect to see some significant changes, but we also expect that there will be a solid transition so that those benefiting from the ACA will not suddenly lose coverage.

Employment Discrimination: This is always a controversial topic. It will be important to see if the new administration pushes this to be addressed by state-level initiatives.

Immigration: Based on campaign rhetoric, we can expect there to be a very strong focus on curbing illegal immigration which could quite possibly lead to instituting a mandatory eVerify requirement.

Labor Relations: For many employers, the current National Labor Relations Board’s stance on things such as confidentiality and conduct in the workplace has been very tough to embrace. The new administration will have the opportunity to fill two board positions which always opens the door to change.

Minimum Wage: We may see the new administration push this to be addressed by state-level initiatives versus a standard federal minimum wage.

FLSA: Now that the updated regulations have been halted, it will be interesting to see how this pans out for employers. Most employers were likely prepared to implement the changes on December 1, but now plans are on hold. It remains to be seen if the Department of Labor appeal will be decided in its favor. We are also still unsure of the Trump administration’s official stance on the issue. We do know that Trump seems to be in favor of exceptions for small business. Ultimately the administration could drop the appeal, preventing the proposed changes.

In addition to above, we will also be paying close attention to maternity leave, equal pay, transgender issues, the Supreme Court nomination and federal contractor regulations. With so many moving parts, it is easy to see how employment law can feel like a roller coaster ride. If you need any support related to your compliance concerns as things unfold in 2017, please feel free to contact me at (484) 391-2131 or


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