Industries, Risk Assessment

IAC Developmental Insight: Trump Presidency Might Bring These Top 5 Changes in the Workplace Law

Donald Trump’s presidency came as BIG news for the wider world out there. Since his recent victory is the most influential talk of the town, we have spend our best time in gathering, analyzing, and forecasting the next administrative set up of the US for the workplace law and order. Have a quick look at the various aspects!

  1. The Immigration

During his candidature, Trump made immigration reforms the central point of argument and more certainly; this argument has been the driving force behind his presidential victory. Now when it is time to deliver the promises, experts wish to see a ramp-up in workplace enforcement actions which includes both I-9 audits and raids by the US immigration and customs enforcement agency. In coming times, you might also see a cancellation of work authorization that is granted under Deferred Action for Childhood Arrivals i.e. DACA. This might counteract the immigration reforms implemented during Obama’s administration. We might also see the promise of mandating E-Verify turning true which works to check the eligibility of employment for all workers in the country. Trump might also alter temporary work visa programs like H1-Bs that allows employers to have a large scale of highly skilled foreign workers in the country.

  1. The labor relations

The country should be very careful with the public sector unions, especially when they force the less willing labors to join”, exclaimed Trump during his candidature. As per the experts, it is expected that Trump’s presidency might extend a safe and less belligerent approach against the developments between pro-union and anti-employer at the NLRB (National Labor Relations Board). In the coming times, it might become a more ‘employer-friendly’ panel of board members. During the election phase, the Republican Party has spent a lot of time in criticizing the role of labor unions under Obama’s presidency. Now when the party is in power and the idea is to lower the influence, it is quite evident that the labor laws will become more transparent, making the process easy for the union members to know how they show actual use the dues, veto power, right-to-work law, etc.

  1. Workplace Safety:

In coming times, we might see President Trump streamlining Fed-OSHA and repealing some of the latest rules implement by the body. While rules related to increased penalties and reporting requirements might get revoked, the agency will once again refocus on high-hazard enforcement. There are a few initiatives led by OSHA that President Trump will reverse. Firstly, the increase of OSHA penalty that is as high as 80 percent. Second, the electronic reporting rule which is likely to get eliminated. According to the electronic reporting rule, employers need to report injury and illness information to Fed-OSHA which then and there post the information online for public viewing. Trump has suggested the new initiative as an ‘unwanted’ burden to the employers. According to the experts, Trump might move in the direction to reduce the role of Fed-OSHA to enhance their focus on high-hazard industry enforcement, accident and fatality inspections. The safety outreach consultations with employers will become a priority.

  1. Pay Equity

Even though Pay Equity was not a TOP agenda, it is likely to remain a hot topic in employment law under President Trump, same as it was during Obama’s presidency. Pay Equity is crucial in terms of legislation and litigation and even Trump suggested his support to the concept of equal pay for equal work. Last year when many states enacted the equal pay laws while adopting the EEOC’s adoption of new EEO-1 reporting requirements, the idea was to enroll employers with 100 or more employees to report pay data to the federal government.

  1. Cyber Security:

Owing to the fast development of virtual usage and dependency, Trump has majorly lent his support to the cause of cybersecurity in both government and private domains. From the creation of Cyber Review Team that will have a team of selected individuals from the military, law and IT to providing recommendations for safeguarding and establishing detailed protocols and mandatory cyber awareness training for the government sector professionals, Trump will do everything to make Cybersecurity a priority. As said, trump will be creating a Joint Task Forces with the support of Department of Justice that will monitor and coordinate on law enforcement responses to cyber threats. During Trump’s Presidency, we might see a pressure beaming on public companies to share the information with law enforcement.

The information in this paper is prepared in a predictive format. It should not be taken as specific legal advice.


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