HR Outlook What to Expect in 2017 By Adriane Harrison, Human Relations Specialist, Printing Industries of America
Over the next two years, President Trump and the new Republican- controlled Congress will have the ability to shape labor and employment policy in dramatic ways.
NLRB Vacancies and Rulings The quickest changes
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WINTER 2017
will be seen in the area of labor law. The National Labor Relations Board (NLRB) is comprised of five Members who serve in a quasi-judicial role to review cases that have been decided by administrative law judges under the National Labor Relations Act.
Vacancies on the NLRB, both current and future, will have a major impact on labor law interpreta- tion. Right now two Member seats are empty and two more will be empty in the next two years. That means four of the five NLRB Members will be Trump administration picks. In addition, the term for the current General Counsel to the NLRB will expire in 2017, opening another position with signif- icant influence on labor policy.
So, what does this mean? The recent labor-friendly decisions that came from the NLRB may end quickly. Within the next two years, the recently blocked Per- suader Rule will be gone completely. The expanded Joint Employer doctrine will revert to the former, unexpanded status. Also look for other union-friendly decisions to be reversed. The Quick Election rule will be rescinded, increasing the time between organiz- ing and elections. Employers will likely no longer be required to provide email addresses to organizers. In addition, the “micro unit” decision—that specifically
dealt with printers—will probably be reversed at the earliest opportunity. That case allowed the shop floor to be gerrymandered so that a group of workers who were against unionization were cut out of the bar- gaining unit. Expect that to change in the future.
Fight for $15 Expect President Trump’s nominee for Secretary of Labor, Andrew Puzder, to argue against any federal minimum wage increase. While there is no word about how Mr. Puzder feels about the Fair Labor Stan- dards Act overtime rule changes, it is a fair guess that he is not in favor of the 100% increase to the thresh- old salary for exempt employees that would have taken effect on December 1. President Trump has not completely abandoned some sort of increase but has suggested a delay or carve-out for small businesses.
Health Care Repeal of the Affordable Care Act is already under way, and new legislation is planned to replace it. Premiums will go down as risk pools are diversified and insurers are allowed to sell across state lines. It seems likely that the most popular aspects of the ACA will be written into new legislation, such as maintaining the pre-existing condition provisions and the ability for adult children to remain on their parent’s policy until age 26.
At least one law benefitting employees will likely be proposed by the Trump administration. President Trump’s daughter, Ivanka, is an advocate for paid maternity leave for women who have given birth, and President Trump supported paid maternity leave as part of his campaign platform. Look for this to hap- pen through the unemployment insurance process.
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