Change is the New Normal

russell-senate-office-building
Russell Senate Office Building-Photo credit Kelly Marinelli 2016

In HR, we’re used to rolling with the punches, adapting to changes every day in the needs of our organizations, the crises that arise among our workforce, and continuously learning how to navigate the workplace waters with new technology.

Recently, with a contentious election cycle completed, and an unexpected result (at least, unexpected by many), some of the HR compliance and policy issues that we all have been watching and working on for the past few years have been upended. What will the next four years bring? No one can predict that. But here are some of the areas I’ll be watching with a new administration in place and (presumably) shifting alliances in Congress and new leaders/administrators at the Department of Labor.

  • Overtime Rule Changes: Even before the surprising injunction was issued out of federal court in Texas, the winds were shifting on the overtime rule salary threshold changes. In th first week after the election handed the presidency and majorities of both houses of Congress to the Republicans, even some Democratic lawmakers were willing to take a look at advocating for a more gradual increase in the threshold instead of doubling it in the first year and adding automatic increases. Perhaps they were thinking that a reasonable solution might save the rule from being reversed outright. Now that the rule has been blocked, it’s anyone’s guess whether it will be implemented as written anytime soon. With many employers having already made changes in advance of the 12/1/2016 implementation date, it may not matter to anyone but the most hardened procrastinators.
  • Inclusion of Pay Data in the EEO-1: This requirement isn’t set to be rolled out until  March of 2018, but many have argued that the burden of this reporting and the privacy concerns that arise from this reporting requirement and the publication of aggregate data by the EEOC merit giving it another look. Employers with 100 or more employees and federal contractors with 50 or more employees make this a small business concern. President-Elect Trump has stated that he wants to make it easier for businesses to create jobs by cutting corporate taxes. Will he consider reducing regulatory burdens to be part of that picture?
  • Paid Maternity Leave: Mr. Trump has indicated that he is in favor of requiring six weeks of paid maternity leave. This is certainly a benefit that would allow many women to recover from birth and bond with their infants who would not otherwise have that opportunity if they are not currently eligible for short-term disability benefits through an employer. This policy (also championed by his daughter, Ivanka Trump) indicates that the new president may be willing to impose costly burdens on employers if he believes the outcome is worthwhile. This separates him from some other politicians in his party, who don’t support such an expansion of paid leave.

What labor policy will we see from an incoming Republican president whose base of support includes party-crossing union voters as well as business owners? The answer is likely the be fascinating and unpredictable. These are just three of the policy issues I’ll be following over the next year. Share your thoughts on issues important to HR in the comments below!

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Author: Kelly Marinelli

HR Consultant & employment compliance geek

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