The First 100 Days –
The Tumultuous World of Workplace Law Under the Trump Administration
By Denise Alper
Speaker Christopher M. Valentino, Esq. of Jackson Lewis P.C. opened his session by stating that there is a new wind blowing in
the Human Resources arena that will most likely be more employer friendly. In this new environment employers may have more
success in fighting and winning HR-related lawsuits in the next four years than they have experienced in the last eight. With a
Republican president, Republican majorities in both houses of Congress and a conservative majority on the Supreme Court, there
is great potential for reversal of the Obama administration’s employee-friendly enforcement positions and rules.
In the early days of the Trump administration, we have seen actions such as the:
• Repeal of Fair Pay and Safe Workplaces Executive Order,
• Delay by DOJ of appeal of overtime rule,
• AHCA possibly will replace Obamacare,
• Buy American Hire American Executive Order, and
• One-In-Two-Out Rule Executive Order concerning regulations
President Trump will have the opportunity to fill some 100 vacancies now open on US Federal District Courts and Courts of
Appeals, which will greatly shape employment law. Ongoing court challenges to some rules may be disposed of via settlements or
withdrawals.
Trump has already appointed the Secretary of Labor, the Chair of the National Labor Relations Board (NLRB), and the Equal
Employment Opportunity Commission (EEOC) acting commissioner. These agencies are expected to become more business-
friendly and focused on fostering
employment opportunities and economic
growth. Valentino anticipates that
regulatory agencies will shift away from
aggressive enforcement toward a focus
on compliance, stressing education over
issuing employers stiff penalties.
Valentino cautioned that some states may
step up to increase worker protections
if the Trump Administration is or is
perceived to be insufficiently “worker-
friendly.” Employers should look for
possible activity in the areas of minimum
wage, pay equity,
paid sick time
and other paid
leaves, LGBT
rights as well
as criminal
background and
credit checks.
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