As Donald Trump's administration takes shape, the business community stands watch expecting a business-friendly White House. Trump's promises of fewer regulations and lower taxes have small and large businesses alike feeling a bit like a kid at Christmastime.
Leonard Dietzen, a labor and employment lawyer with more than 25 years of experience, suggests the business community keep an eye on the following issues:
- The Supreme Court will be pro-employer. This will affect class actions by making it harder to sue employers as a class and will support arbitration clauses to prevent Title VII claims from growing into expensive litigation.
- There will be changes to the Affordable Care Act (ACA), which has required businesses with 50 or more employees to offer health insurance to full-time employees (anyone working over 30 hours a week). This mandate, which allows for penalties and fees if not met, has been expensive for small business and has left some unable to earn extra money. Everyone is watching to see how the ACA will be revised.
- Expect changes to the EEO complaint process. In recent years, the Equal Employment Opportunity Commission (EEOC) has taken a very aggressive stance with respect to employers.
- Expect changes to the National Labor Relations Board. Unions heavily supported Hillary, while many workers in the rust-belt states supported Trump. There will likely be efforts to prevent unionization among employees.
- Social issues have been under the microscope, for example, those concerning transgender employees. These issues are not likely to be forced upon employers.
- Tort reform. Expect to see pro-business and defense-friendly laws take shape.
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