With the outcome of the election in the books, we can begin to look forward to 2017 and beyond. In most election years, the outcome provides us with a decent idea of what is to come. This year's election cycle is a bit different than most. It is a bit difficult to predict how Donald Trump and his presidency will impact the current landscape of employment law. Here are a few things that might get some attention in the first half of 2017:
- The topics surrounding health care and the ACA are likely to get plenty of discussion. Whether there will be significant change is another question. It isn't easy to make tight or fast turns in large vehicles. The amount of change to the health care system as a whole generated by the ACA in the last several years is considerable. It may prove to be slow going if there is an attempt to repeal or significantly modify the ACA.
- The immigration area is likely to get some attention in 2017. The scope and nature of that attention is hard to predict. This is a rather complex set of issues that has been boiled down to simple campaign rhetoric in 2016. As with health care reform, this area may prove to be complex as well. Employers should expect some shifts in enforcement priorities in the coming year as the new administration takes over in Washington. Keep in mind programs like deferred action (DACA) are administrative creations of President Obama and can be reversed rather quickly.
- The DOL regulatory scheme has received quite a bit of attention in the last eight years. Most of that attention hasn't been positive for employers. Expect some of those changes to see some rollbacks. Of particular note is the overtime changes set to take effect in December of 2016. There is a current legal challenge to the new regulation. If the court decides to enjoin (block) the implementation of the regulation, it is possible there will be changes made in early 2017 to reverse course on the change that was to be implemented in December.
Keep an eye on the transition in Washington. As we move closer to the start of 2017, we are likely to start getting some better indications of what to expect from the new President.