unlawful to require payment of union dues as a condition of employment ... (w/ summary pay data). 13. EEO-1 ... Suspensi
TRUMP’S FIRST 60 DAYS What’s Happened, What’s Next? Developments in Labor & Employment Law March 29, 2017
Emmanuel V. Boulukos (Manolis) (317) 236-2233
[email protected]
Ice on Fire
Overview – First 60 Days Outside of executive orders regarding federal contractors, notable as much for what hasn't happened Few significant changes …yet
Status of agencies, leadership, key to L&E concerns, as substantial legislative changes to labor and employment laws continue to be unlikely Of 553 key appointments, 492 awaiting nomination, 40 awaiting confirmation, 21 confirmed
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Overview – First 60 Days Unclear whether pace of appointments represents prioritization, inattention, or policy But, several executive orders indicate that administration is very interested in scaling back agencies and limiting agency action: “Reducing Regulation and Controlling Regulatory Costs” (i.e., one in, two out)
“Enforcing the Regulatory Reform Agenda” “Comprehensive Plan for Reorganizing the Executive Branch”
Likewise, budget proposal would cut DOL funds by 21% (no specifics on EEOC or NLRB) Ice on Fire
Overview – First 60 Days Labor and Employment Agencies Other than Secretary of Labor, key appointments at DOL, NLRB, and EEOC have not been announced or sent to Senate No clear indication on DOL white collar overtime rule (more later) Nothing yet on paid family leave
Some movement on Obama executive orders (more later)
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Secretary of Labor Original nominee for Secretary of Labor withdrew
New nominee – Alexander Acosta Former member NLRB Assistant Attorney General and US Attorney Law school Dean
Vote by Committee on March 30th – then to full Senate Recent hearings: Salary threshold should be lower; job training programs; regulatory review
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National Labor Relations Board 5 member Board, typically 3 members of President's party, 2 of opposing party Currently only 3 members (which constitutes a quorum): 2 Democrats and 1 Republican
No one nominated for 2 open seats Current General Counsel (Dick Griffin) is an Obamaappointee. 4-year term expires in November. For now, remains controlled by Democrats. Expect more of the same in the short term.
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National Labor Relations Board Pres. Trump has indicated support for national Right to Work legislation. Introduced in House in late January by S. King (R-IA) Would amend National Labor Relations Act to make it unlawful to require payment of union dues as a condition of employment Currently up to states. 28 states, including Indiana, already have such laws. Likely no impact on Indiana employers even if passed.
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National Labor Relations Board Something to watch: Trump administration's approach to organized labor not as clear cut as the mainstream Republican party Incremental improvement with union households important to victories in MI,OH, PA, WI Attitudes on trade and infrastructure have appeal to industrial and building trades unions Conciliatory statements from AFL-CIO, UAW; met with building trades leaders
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Supreme Court Nominee – Judge Neil Gorsuch (10th Circuit) Previously with Department of Justice “Constitutionalist”/Conservative
Questions being raised by Democrats about “independence” Committee vote expected April 3 with Senate vote before April 7 recess Possible Democrat filibuster Need 60 votes, Republicans have 52
Change in rules? Ice on Fire
Status of the New FLSA White Collar Regulations Still Temporarily Enjoined – Appeal in Process Final briefing in May Summary Judgment pending
Ultimate Fate?? New Secretary of Labor, WH Administrator and Solicitor will be important
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OSHA – Volks Rule Regulation, issued Dec. 16, 2016, allowed OHSA to cite employers for record-keeping errors up to 5 years after they occur Issued in reaction to court ruling limiting citations to 6 month lookback period On March 22, 2017, Senate approved House resolution abolishing rule under Congressional Review Act, Trump expected to sign Under CRA, agency cannot enact similar rule in future without authorization from Congress Ice on Fire
Affordable Care Act
Repeal and Replace
What is next? 12
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EEO-1
2017 EEO-1 (w/ summary pay data)
13
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EEO-1
2017 EEO-1 (w/ summary pay data)
14
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Executive Order on Immigration Protecting the Nation from Foreign Terrorist Entry into the United States (Signed 3/6/2017, revoking and replacing prior suspended order) 90 day suspension of entries for Iran, Libya, Somalia, Sudan, Syria and Yemen with exceptions and waivers Global review of information needed from all countries Suspension of visa interview waiver program Current judicial challenges – enjoined
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Other (Actual and Possible) Immigration Changes Protecting American Jobs and Workers (PENDING) Review of various regulations, potential improvements, expansion of E-Verify
Suspension of Premium Processing for H-1B April 3, 2017 May affect employment eligibility
Greater Enforcement **Upcoming Webinar on April 26th that will cover in more detail. Ice on Fire
Federal Contractors
Fair Pay and Safe Workplaces Including Pay Transparency 17
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Federal Contractors
Paid Sick Leave
18
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Federal Contractors
Paid Sick Leave
19
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Emmanuel V. Boulukos (Manolis) (317) 236-2233
[email protected]
Ice on Fire #11289038
