No Matter Who is Elected President, the Impact on Employers Will Remain Uncertain No Matter Who is Elected President, the Impact on Employers Will Remain Uncertain

No Matter Who is Elected President, the Impact on Employers Will Remain Uncertain

Unless you have been isolated in a cave for the last two years, this has been a most fascinating and at times frustrating and challenging election cycle for our next President. It is not my intent to indicate a preference for either of the candidates. However, it is important to realize that the treatment of employers both in the courts including the U.S. Supreme Court and federal government agencies may be impacted by the outcome.
It would not be going out on a limb to state that the current administration appears, via Executive Orders and actions of administrative agencies, including the NLRB and the Department of Labor (including the wage and hour division and OSHA) in many instances to have been supportive of enhancing organized labor and employees’ rights. For example, this was reflected in the NLRB’s expedited election process and the Department of Labor’s interpretation of “Employer Persuader.” Nevertheless, there have been times when employers’ concerns have been recognized and addressed. Further, it would not be inaccurate to state that the prior President’s administration was probably more receptive to employers’ concerns. Apparent congressional gridlock with its attendant challenges may be impacted by the outcome of concurrent congressional elections.
In attempting to review the two candidates’ positions on immigration, it is noteworthy that any immigration reform will also impact employers and their workforces.
In addition to the considerations discussed above, it is very important to recognize that the next President will play a significant role in impacting the future of labor and employment law based upon the selection of federal judges, and most importantly Supreme Court Justices, which will remain subject to the confirmation process by the Senate. The outcome of the general election will impact the composition of the Senate. However, the composition of the courts, whether viewed as leaning more towards progressive or conservative values, does not with certainty predict how the courts will rule on labor and employment issues. When considering the impact of the federal court system on employment issues, it is helpful to review the future nominees’ (if they were previously Judges) judicial decisions addressing labor and employment issues. It may also be beneficial to determine whether future judicial nominees, prior to becoming Judges, represented unions, employees or employers and/or whether they were employed by or consulted with State and Federal Employment Agencies. One should also investigate their role in implementing Agency policies impacting employers. 
In deciding which Presidential candidate to vote for, many factors must be considered, one of which is the next administration’s impact on the enforcement and interpretation of labor and employment laws.

For more information on labor and employment law, contact Bob Weisman or another member of our Labor, Employment and Immigration practice.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader’s specific circumstances. 

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