LABOR LAW LANDSCAPE HAS CHANGED SIGNIFICANTLY SINCE TRUMP TOOK OFFICE
Q: The Trump administration has issued several executive orders and thoughts on several administration initiatives, but labor and employment topics haven’t seemed to be a focus. What anticipated changes in laws and regulations are expected from this administration?
A: The Wage and Hour
Division of the U.S. Department of Labor (DOL) is revisiting what the appropriate salary level is for white-collar exemptions.
The Obama administration significantly had raised the prior level, but a federal court in Texas issued an injunction against the implementation of that level. The DOL requested comments concerning the issue and received more than 165,000 responses, which it’s now evaluating. In addition, the Equal Employment Opportunity
Commission will revamp its regulations concerning wellness programs, and has rolled back its regulations concerning pay data collection from employers. Lastly, the Attorney General reversed the policy of protecting transgender workers under current anti-discrimination laws.
Q: How is the National Labor Relations Board (NLRB) working to adapt to the administration?
A: The Trump administration has been very slow in nominating individuals to the key positions at the NLRB. For instance, Richard Griffin, a key Obama appointee, was allowed to complete his term as general counsel. The Wall Street Journal has said that the general counsel of the NLRB is the most powerful bureaucrat in Washington, D.C., because that person decides which cases to pursue, some of which may change policy. Usually, NLRB general counsel is one of the earliest appointments of an incoming administration. To date, no name has been forwarded to the Senate for confirmation though this administration has been in office for almost a year. In addition, we still are awaiting confirmation of the nominee sent to the Senate to fill the existing vacancy on the NLRB itself.
Q: What changes are expected from an employment discrimination and federal wage and hour enforcement perspective?
A: The Wage and Hour Division already has withdrawn the administrative interpretations issued during the Obama administration, which significantly expanded the definitions of “joint employer” and “independent contractor.” Also, legislation was introduced in Congress this week that attempts to standardize paid leave requirements by giving employers protection against a multitude of state and local requirements that require more leave than the federal government allows. In general, expect the federal agencies to be more cooperative in working with employers who are trying to do things the right way.