Employers dislike uncertainty and any major change in Washington, D.C. increases uncertainty. While some employers may welcome the idea of change, it’s difficult to know exactly what may change and when. We’d like to take a moment to address a couple of common questions we’ve received regarding how the election may impact various employer requirements.
The Affordable Care Act (ACA)
While changes may be made in the future, at present, the ACA is still the law of the land and any major changes to the ACA would likely be phased in over time. ACA implementation produced thousands of pages of regulations across multiple Federal agencies and even minor changes are likely to take time. For now, we advise employers to maintain current compliance activities unless or until the law changes.
Salary Basis Change
The increased minimum salary of $913 per week for many exempt employees is set to take effect on 12/1. There is no indication that the current administration plans to delay or eliminate this change. To the contrary, it is likely in their interest to ensure the change takes place as scheduled, assuming roll back the change by the next administration would face opposition.
Although a new I-9 form is expected this month, current I-9 practices should continue and employers should not impose any added burdens on new employees as part of the I-9 process unless or until the law changes.
National Labor Relations Board
NLRB board members are appointed to five year terms, so any change to NLRB membership and associated enforcement policies will not be immediate.
Equal Employment Opportunity Commission
As is the case with the NLRB, EEOC members are appointed to staggered five year terms. Accordingly, a wholesale change in EEOC enforcement priorities is unlikely to occur even after a change in administration.
In general, it’s business as usual for now, but some changes may occur in 2017. Employers should be careful to ensure they comply with existing rules and regulation unless or until rules and regulations change.