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Join us on November 19 at Noon ET on Zoom for a look at how November’s election results may impact employment laws in 2025
After Tuesday, we have a newly elected Republican president, a Senate soon under Republican control, and a House of Representatives that could still hold a Republican majority. With those changes could come some corresponding shifts in employment law.
Typically, when administrations change, so does the makeup of the federal administrative agencies that enforce employment laws, such as the U.S. Equal Employment Opportunity Commission, National Labor Relations Board, and U.S. Department of Labor. Appointees of the last administration effectively run all of them. Over time, that will change as appointment terms end and the new president replaces them. Sooner yet, as is typical, the general counsel of each agency will be asked/forced to resign. With these changes in leadership and enforcement come shifts in strategy, enforcement, and rulemaking.
Take the NLRB, please. Like clockwork, it becomes more union-friendly in a Democratic administration. The pendulum then swings hard in the opposite direction when employer interests predominate during a Republican presidency.
Typically, when a Republican becomes president, the DOL becomes less litigious and more about proactive workplace guidance, issuing opinion letters to facilitate compliance with wage and hour laws.
At a more granular level, the current DOL has changed the salary-level test for overtime exemptions and rules for determining whether a worker is an employee or an independent contractor. Will they remain intact?
Meanwhile, the Federal Trade Commission‘s noncompete ban is on life support. But will an appellate court revive it? Or will the feds first withdraw it altogether?
We have many unanswered questions, and we haven’t even scratched the surface about potential employment legislation, such as paid family leave, policies on artificial intelligence, the viability of DEI, or a hike in the federal minimum wage.
Fortunately, I’ve assembled an all-star panel of employment lawyers to help answer them, including my partners Amy Epstein Gluck and Dessi Day and two of my other favorite management-side attorneys, Jon Hyman and Daniel Schwartz.
We invite you to join us on Zoom on Tuesday, November 19, 2024, at Noon ET.
It’s free. And you can register here (https://bit.ly/EmploymentLaw2025).