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By - Margie Faulk
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The 2024 presidential election is set to have far-reaching implications for both employers and employees in the United States. For employers, a new president will directly impact labor laws and workplace regulations. For employees, the stakes are equally high; workers will likely see changes in wage standards, benefits, and job security.
While a president is responsible for implementing and enforcing laws passed by Congress, he also appoints a cabinet to head 15 federal agencies, which are responsible for the administration of federal laws. The president also appoints thousands of political appointees, most of whom do not require confirmation by any other branch of government. In short, the president has a lot of power to effect change.
On the employment front, the Trump 2024 agenda may look similar to the agenda he set while president from 2017 to 2021. He continues to express support for Right to Work Laws, which allow workers to opt out of paying union dues. As president, he also made it more difficult for federal employees to unionize and made business-friendly appointments in various agencies, including the Department of Labor and the National Labor Relations Board (NLRB). Given his comments during the campaign is is likely that Trump will again make similar business-friendly appointments within federal agencies like the Department of Labor, the NLRB, and the Equal Employment Opportunity Commission (EEOC). For example, as President, Trump has the ability to fire the current NLRB General Counsel and appoint new members to the NLRB as their terms expire. This could lead to a wholesale reversal of a number of NLRB rulings issued during the Biden administration. As the inauguration approaches, stay tuned for an upcoming article addressing what might be expected from a Trump administration NLRB
While not likely to materialize immediately, we expect to see significant changes at the Equal Employment Opportunity Commission (EEOC) and Office of Federal Contract Compliance Programs (OFCCP) in the new Trump administration. In the short term, current Republican EEOC Commissioner Andrea Lucas will likely be appointed Chair or Acting Chair of the Commission. In the short term, we do not expect significant changes in substantive policy or enforcement. There likely will be a continued focus on enforcement of the Pregnant Workers Fairness Act and, as in the first Trump administration, a focus on religious discrimination. We could also see a greater focus on compliance assistance rather than litigation. Perhaps the biggest change in substantive focus will be DEI. In her prior statements, EEOC Commissioner Lucas has openly criticized race- and gender-exclusive mentoring, sponsorship, and training programs; diverse candidate slate policies; tying executive compensation to diverse representation; and diversity internships. We can expect to see EEOC scrutinize such programs in the short term, and possibly increase its litigation activity.
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Margie Faulk
Margie Faulk, PHR, SHRM-CP is a senior level human resources professional with over 14 years of HR management and compliance experience. A former Compliance Officer for Federal Defense Contracting Industry, Margie has worked as an HR and Compliance advisor for major corporations and small businesses in the small, large, private, public and Non-profit sectors. Margie is bilingual (Spanish) fluent and Bi-cultural. Margie’s focus is on multi-state, national, state and local workplace compliance. Additionally, Margie is working on International compliance initiatives globally which includes workplace compliance in other countries like the UK, Canada, France, Brazil, China, Africa, Mexico and India, just to name a few. Margie has created and presented seminars/webinars for many compliance institutes. These national training providers, offer compliance training to professionals, business owners and companies interested in having their company compliant with workplace and industry regulations. Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from Society for Human Resources Management. Margie has completed the Certified Compliance and Ethics Professional training and is a member of the Society of Corporate Compliance & Ethics (SCCE).
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