LeadingAge New York Annual Conference 2017 June 2017 - Page 19

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. leadingageny.org 19