DOL / NLRB / EEOC

The Trump administration and the 115th Congress will change the employment and labor legal landscape for employers—that is certain. But the questions remaining on the table are “what, how, and when?” Although, President Trump has given few details regarding his plans for new policies, employers can expect several areas to be impacted based on his campaign platform. According to the President’s transition website, his regulatory reforms will include a “temporary moratorium on all new regulation, canceling overarching executive orders,” and eliminating “unnecessary regulations that kill jobs and bloat government.

On the “watch” list are the Department of Labor’s white-collar exemption regulations; a shift in focus for the Equal Employment Opportunity Commission; the National Labor Relations Board’s reach into nonunion territory and “quickie election” rule; paid leave, specifically with new mothers; and an easing back on enforcement of workplace safety regulations, including the Fair Pay and Safe Workplaces Executive Order. And in the spotlight, is, of course, an overhaul of the Affordable Care Act.


Related Resources

April 24, 2017 - EVENT: The First 93 Days of the Trump Administration

April 20, 2017 - EVENT: Anticipated Labor and Employment Changes Under the Trump Administration – Suburban Lunch Program

April 19, 2017 - EVENT: Anticipated Labor and Employment Changes Under the Trump Administration – Downtown Dinner Program

March 29, 2017 - Steven Swirsky Quoted in “The National Labor Relations Board Chair’s Dissent on a Case Centered on Employee Handbooks Portends the Board’s Future Direction, Legal Experts Say”

March 21, 2017 - Steven M. Swirsky Quoted in “High Court Sets Limits on Presidential Appointment Power”

March 21, 2017 - Steven Swirsky Quoted in “Supreme Court Sides With Senate Over Vacancy Power”

March 21, 2017 - Steven Swirsky Quoted in “Supreme Court Limits President’s Power to Fill Vacant Posts”

March 14, 2017 - Frank Morris Quoted in “GOP’s Worker Genetic Testing Bill Moves in House”

March 3, 2017 - Brian Steinbach Quoted in “Trump Paid Leave Push Might Fizzle in GOP Congress”

March 3, 2017 - Miscimarra Dissents Hint at NLRB’s Future

February 28, 2017 - Five Employment Issues Under the New Administration That Financial Services Employers Should Monitor

February 23, 2017 - U.S. Justice Department and U.S. Education Department Issue Joint Letter Rejecting the Obama Administration’s Position Concerning Non-discrimination Laws in Schools

February 17, 2017 - David Garland Quoted in “Smoother Road to Confirmation Seen for New DOL Chief Pick”

February 17, 2017 - EVENT: Deregulation’s Impact On HR: Trump’s First Hundred Days And Beyond

February 17, 2017 - Labor Department Backs Away from Permitting Unions at OSHA Safety Inspections

February 16, 2017 - President Donald J. Trump Nominates R. Alexander Acosta to be Secretary of Labor

February 15, 2017 - Senate Labor Committee Chairman Lamar Alexander (R-Tenn.) Statement on Andy Puzder Nomination

February 7, 2017 -  Susan Gross Sholinsky Quoted in “How to Keep Politics from Fracturing the Workplace”

February 6, 2017 - A Closer Look at Gorsuch’s Labor Opinions

November 7, 2017 -  VIDEO: Trump Taps Judge Neil Gorsuch for Supreme Court: An Interview with Stuart M. Gerson

February 6, 2017 -  VIDEO: Judge Neil Gorsuch, New Immigration Orders, EEOC & NLRB Acting Chairs, Philadelphia’s Wage Equity Law - Employment Law This Week (Episode 58: Week of February 6, 2017).

February 3, 2017 - Presidential Memorandum on Fiduciary Duty Rule

February 3, 2017 - Presidential Executive Order on Core Principles for Regulating the United States Financial System

February 2, 2017 -  Stuart Gerson Quoted in “Gorsuch’s Antipathy to Agency Rules May Boggle Health Industry”

February 2, 2017 -  David Garland Quoted in “Labor Agencies Would Face Rough Road Before Gorsuch”

February 1, 2017 -  David Garland Quoted in “In Focus: Trump’s Supreme Court Nominee Has Favored Employers in Past Decisions”

January 31, 2017 -  President Donald J. Trump Will Continue to Enforce Executive Order Protecting the Rights of the LGBTQ Community in the Workplace

January 30, 2017 -  New Administration’s Request For Additional Time To Address Injunction Of New Overtime Rule May Signal An Intent To Abandon The Rule

January 30, 2017 -  VIDEO: Class Action Waiver Split, Discriminatory Practices Suit, EEOC’s Claims Data, Highly Skilled Worker Rule - Employment Law This Week (Episode 57: Week of January 30, 2017)

January 27, 2017 -  Senate HELP Committee Hearing: Third Delay of Hearing on Trump Labor Nominee Raises Questions

January 27, 2017 -  OFCCP Sues Tech Giant Oracle Alleging Discrimination in Compensation and Hiring Practices and Failure to Produce Requested Records and Data

January 26, 2017 -  David Garland Quoted in “Lipnic May Nudge EEOC Toward Less Burdensome Policies”

January 26, 2017 -  President Trump Appoints Philip A. Miscimarra Acting Chair of National Labor Relations Board – The Beginning of the End of the “Obama Board”

January 25, 2017 -  President Appoints Victoria A. Lipnic EEOC Acting Chair

January 23, 2017 -  VIDEO: Post-ACA Health Plans, Labor Landscape, Wage and Hour Changes, Increased Cyber Threats, Retirement Plans - Employment Law This Week (Episode 56: Week of January 23, 2017).

January 23, 2017 -  A New Year and a New Administration: Five Employment, Labor & Workforce Management Issues That Employers Should Monitor

January 20, 2017 -  Memorandum for the Heads of Executive Departments and Agencies

January 19, 2017 -  Obama’s Pro-Union Impact on NLRB Won’t Retire Quickly

January 17, 2017 -  Labor Committee Hearing on Nomination of Andy Puzder to Become Labor Secretary to Be Held on February 2nd

January 13, 2017 -  David Garland Quoted in “Obama’s Biggest Employment Policy Hits and Misses”

January 12, 2017 -  EVENT: Religious Discrimination and Accommodation: How the Abercrombie Case and the Election Have Reshaped Employer Obligations

January 11, 2017 -  VIDEO: Trump Picks Fast-Food CEO for Labor Secretary: An Interview with David W. Garland

January 10, 2017 -  EVENT: 2016 Year in Review: Trade Secrets and Non-Compete Laws and Developments

January 10, 2017 -  VIDEO: The Year Ahead, New Labor Secretary, “Persuader Rule” Case, New York Salary Thresholds, Mental Health Discrimination - Employment Law This Week (Episode 54: Week of January 10, 2017)

January 9, 2017 -  New NLRB Union Rules Target Health Care Employers

January 3, 2017 -  Adam Abrahms Discusses New Laws California Employers Face in 2017 Live on McIntyre in the Morning

January 3, 2017 -  Adam Abrahms Quoted in “CA Employers Drown in Sea of New Laws”

January 2, 2017 -  Jeffrey Ruzal Quoted in “Employment Cases to Watch in 2017”

January 2, 2017 -  Frank Morris, Jr., Quoted in “Trump Presidency to Usher in New Era for Risk Managers”

January 2017 -  United States Congressional Committee Meeting Hearings

January 2017 -  Federal Court Blocks Implementation of New Overtime Exemption Rule: Now What?

December 19, 2016 -  VIDEO: Top Issues of 2016: DTSA, Non-Competes, Paid Sick Leave, Transgender Law, Overtime, NLRB Decisions - Employment Law This Week (Episode 53: Week of December 19, 2016)

December 19, 2016 -  VIDEO: National Labor Relations Board – 2016 in Review: An Interview with Laura Monaco

December 19, 2016 -  VIDEO: Key Trade Secret and Non-Compete Developments - 2016 in Review: An Interview with Jonathan Shapiro

December 16, 2016 -  Jeffrey Ruzal Quoted in “The Biggest Employment Cases of 2016”

December 7, 2016 -  Frank Morris, Jr. Quoted in “Trump Pick Could Set Tone of Supreme Court”

December 2016 -  Top Five Employment, Labor & Workforce Management Issues of 2016

November 23, 2016 -  What a Trump Presidency Means for Recruiting and HR Professionals

November 21, 2016 -  VIDEO: Election 2016 - New Laws Impacting Employers: An Interview with Deborah Cannavino

November 21, 2016 -  VIDEO: New Laws Impacting Employers, Sexual Orientation Discrimination, Amended Persuader Rule, Nurses Aren’t “Supervisors” - Employment Law This Week (Episode 50: Week of November 21, 2016)

November 14, 2016 -  EVENT: The DOJ’s ADA Barrier-Free Health Care Initiative and the New ACA § 1557 Non-Discrimination Rule

November 14, 2016 -  David Garland Quoted in “Contender for Labor Secretary Has Deep GOP Ties”

November 14, 2016 -  Jeffrey Ruzal Quoted in “Election Has Employers Rethinking Overtime Rule Plans”

November 9, 2016 -  Jeffrey Ruzal Quoted in “State Minimum Wage Proposals Could Spike Under Trump”

October 27, 2016 -  David Garland Quoted in “How the Clinton v. Trump Election Will Impact HR, No Matter Who Wins”