Tuesday, January 31, 2017

Disability and Leave Law Under President Trump: What’s Next? - JD SUPRA

by Teresa Wright 
Originally published: January 27, 2017
Publisher: JDsupra.com

Since Election Day, prognosticators and pundits have been speculating about how the Trump Administration’s actions will impact existing laws and regulations. Now that President Trump and his team have hit the ground running, what can we expect from the Department of Labor (including OFCCP), the EEOC and the President’s own executive actions in the areas of workplace disability and leave law? A brief guide appears below.

Department of Labor: The confirmation hearing for Trump’s Secretary of Labor nominee, Andrew Puzder, has been postponed from February 2 to February 7. If Puzder is confirmed, the DOL is expected to take more pro-business positions in both its litigation priorities and regulatory actions. Under Puzder’s leadership, the DOL may rescind existing regulations using the Administrative Procedure Act’s “notice and comment” procedures. Congress also has a variety of tools for invalidating unwanted Obama Administration regulations, including defunding their enforcement and invalidating recent regulations using the Congressional Review Act. Finally, the Obama Administration discontinued the DOL’s longstanding practice of issuing opinion letters interpreting the FLSA and FMLA; that practice may resume under Trump. More background on Puzder can be found in the Jackson Lewis article, Fast-Food Restaurant CEO Tapped to Head Labor Department: What to Expect.