Campaign promises are not always good predictors of future action. Given that Donald Trump was president once already though, we have some ideas of what to expect:
IMMIGRATION ENFORCEMENT:
I-9: Expect more I-9 audits, a lot more. Trump’s last year in office produced nearly 12,000 I-9 audits. By comparison, Biden is on track for 400 in his last year. Check out our fixed fee I-9 Audit, as an easy way to identify compliance concerns, including storage and destruction of forms.
Enforcement Raids: During the campaign, Mr. Trump made clear that immigration regulation would be a priority. What will this mean for the workplace? We can expect more workplace raids with the goal of arresting undocumented workers. Under the first Trump administration, ICE carried out multiple raids in a variety of workplaces–from Asian restaurants to meat processing plants to a large electronics refurbisher. Any location where ICE believes there are undocumented workers is at risk.
Regulatory Activities: Before employers exhale over the idea of less regulation, remember your state very likely has many regulatory obligations that still must be followed. As far as federal action, it is likely the Trump administration will not continue the fight over the latest white collar overtime rule and independent contractor status. The abortion-related Pregnant Workers Fairness Act (PWFA) regulations could be at risk.
Agency Heads Will Change: This goes hand in glove with a desire for less regulation across the board. Like Biden before him, Trump will want to change the heads of the EEOC and the NLRB (as well as other agencies) as soon as possible. While the agency head may be in line with the Trump administration policies, they may still be in the minority on the board or commission they lead. The timing of the appointments vary to protect the integrity of the board.
What about Elon Musk’s plan to eliminate regulatory agencies he does not like? That is an extraordinary feat (for one, think of the enormous jump in unemployment numbers with such a huge federal reduction). Let’s take a wait and see on that.
DEI: Conservatives have made it clear they do not support diversity and inclusion training, hiring or programs. In particular, a Republican administration will scrutinize and limit DEI wherever it can. Private employers may still find value in DEI to boost hiring and retention, but the tide against DEI where the government can act will continue to rise.
TAKEAWAY: As the saying does, politicians campaign in poetry and govern in prose. Campaign promises rely on inspiration, idealistic rhetoric and emotions. Governing requires a more straightforward, practical approach and a lot of hard work. Priorities shift and we will continue our daily monitoring of workplace laws and regulations by the federal and state governments. Contact us if you want to learn more about our fixed fee I9 Audit or with any other questions.