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January 10, 2017 Newswires
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The ghost of Christmas yet-to-come?

New Hampshire Business Review (NH)

What a Trump administration could mean for changes to workplace laws and regulations

Now that the dust from the November election has settled, human resources professionals, business owners and executives are anxious about what could come next. While we've all given up predicting, with any certainty, what the Trump team will do, here are things likely to be addressed by the new administration (shamelessly borrowing quotes from popular Christmas movies):

* "Hey Buddy, are you OK? You don't look so good." ("Elf"): It is fair to say that the calls by Trump and the new Congress to repeal and replace the Affordable Care Act have some traction. However, Trump has already said that he would favor keeping some aspects of the ACA. The key will be navigating changes to the unworkable and unpopular parts of the ACA while still avoiding people being dropped from insurance in the process. That could be a Christmas miracle.

* "All I want is what I have coming to me. All I want is my fair share." ("A Charlie Brown Christmas"): Trump indicated in the campaign that he favored equal pay for equal work, but he generally dislikes new Equal Employment Opportunity EEO-1 program and related Obama pay initiatives. He wants to lessen compliance burdens on employers but most pay equity initiatives are on the state level.

* "And down in Whoville they will all cry boo-hoo." ("How the Grinch Stole Christmas"): Likely the newly constituted National Labor Relations Board majority will back off of social media, handbooks and quickie elections, which means that the progress and gains by organized labor in recent years will suffer a setback.

* "But you'll shoot your eye out kid." ("A Christmas Story"): While supporting 2nd Amendment rights, Trump says he's also keenly aware of the rise in workplace violence incidents. He has also criticized "gun-free zones." Some have suggested that he will focus his attention on increased funding for law enforcement.

* "You'll want the whole day off tomorrow, I suppose." ("A Christmas Carol"): While the GOP has resisted paid family leave, parental leave and mandatory sick leave bills and objected to executive orders on mandatory sick leave, Trump has sent mixed signals with regard to his plans. He said he favors paid maternity leave, but he has provided few details except to suggest that tax breaks might be created for this purpose.

* "Every time a bell rings an angel gets his wings." ("It's a Wonderful Life"): As a businessman, Trump may reverse the call of the current administration to gut noncompete and related post-employment covenants. But this is largely a state law issue, so it is unclear how he would influence such a change.

* "And may all your Christmases be white." ("White Christmas"): Trump's plans for affirmative action and federal contractor compliance remain unclear, but he has suggested that the onerous new EEO-1 program might be revised or scrapped entirely.

* "I gotta tell you, Santa, there is something about this place that doesn't seem quite ... kosher." ("Jingle All the Way"): Trump has suggested that he wants to streamline the Occupational Safety and Health Administration. He has also been critical of OSHA penalty increases and signaled he might derail OSHA's electronic reporting rule, scheduled to take effect July 1,2017.

* "Rudolph with your nose so bright, you have six days to set things right." ("Rudolph's Shiny New Year"): Trump claims to never have had a drink of alcohol. We'll leave that one for Santa to judge, but the Trump administration is likely going to have to deal with the enforcement of federal drug laws in light of the number of states that now permit medical and recreational marijuana.

* "This is my house. I have to defend it." ("Home Alone"): In addition to the promise to build a wall and otherwise deport undocumented aliens who commit crimes, Trump has said he would mandate E-verify (to check employment eligibility) and alter temporary work visa programs (such as H-1B visas), which permit the hiring of skilled foreign workers. While Everify could simplify onboarding, changes to the H-1B visa program could present a problem for employers who can't find skilled works here.

* "Seeing is believing, but sometimes the most real things in the world are the things we can't see." ("The Polar Express"): There is no doubt that Trump's first nomination pick will be a conservative judge, but, as we've seen in past administrations, those justices who were thought to be conservative, when on the High Court, didn't always side with other conservative justices. Stay tuned!

While the changes to workplace laws and regulations could be coming, like a kid weeks before the big day, it's too soon to worry about or to count on Christmas presents. In the meantime, here's wishing you a wonderful holiday season with peace and prosperity in the New Year.

Attorney Jim Reidy is an employment lawyer and chair of the Labor and Employment Group at Sheehan Phinney.

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