As David Axelrod called it - “Primal scream” – the electorate has spoken. What does that mean for you and your business? In fact, looking at the labor and employment news feeds this morning gives you a glimpse of what is coming:
• Fiduciary Rule Could Be Up for Substantial Changes
• Trump Will Need a Year to Reshape the NLRB
• Trump Could Ease Contractors’ Regulatory Requirements
• Trump Immigration Policy Likely to Focus on Enforcement
• Trump’s Win May Jeopardize EEOC Pay Data Collection
• Trump Win Puts Labor Regulations on Life Support
The Obama Administration’s aggressive use of executive orders may be undone in rapid succession. The Supreme Court will obtain full strength with a Scalia ideological judge, therefore some of the recent issues that have ended in a basic “tie” may be revisited.
Some change may come earlier than the inauguration. As we have advised, 21 states and business groups are trying to halt the FLSA rule, which more than doubles the salary threshold for exemption from overtime pay starting Dec. 1.
On Nov. 16, a federal district court is to hear arguments on an injunction over the rule. (Plano Chamber of Commerce v. Perez, E.D. Tex., No. 4:16-cv-0731). The 21 states and the Chamber of Commerce are seeking an emergency injunction to halt the December 1 enactment date of the new regulations and asking the court to hold that the rules are unlawful as exceeding the executive branch’s authority under the Fair Labor Standards Act and the Administrative Procedure Act.
Stay tuned and engaged.