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The Obama Workplace Policies Likely on the Trump Chopping Block

Wednesday, November 16, 2016 8:06
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InsideSources discusses harmful labor regulations that the Trump administration can get rid of with Trey Kovacs.  

“Executive orders and guidance can be rescinded fairly immediately,” Competitive Enterprise Institute labor policy expert Trey Kovacs told InsideSources. “Regulations like the overtime rule will take a little bit more time. You either need to defund it, pass legislation, or issue a new rule that would modify the Obama administration’s.”

The current administration achieved many of its policy goals through executive orders. The Fair Pay and Safe Workplaces order, also called the blacklisting rule, is one that has faced a lot of opposition from business groups and some lawmakers. A federal contractor could be blocked from receiving a new contract if they are accused of labor violations.

“With the stroke of a pen, president-elect Donald Trump could withdraw that executive order or other misguided executive orders,” said Kovacs.

The NLRB has also been a significant source of new rules during the current administration. The board has changed contracting in ways that could radically alter how business models like franchises operate by expanding what’s known as the joint-employer standard.

“The NLRB decision that expanded the joint-employer liabilities standard should be something where Congress acts swiftly to pass legislation to return to the previous direct and immediate controlled standard,” Kovacs said.

The NLRB rule can make an employer responsible for the employees and labor liabilities of subcontractors and franchises. The old joint-employer standard used to be determined based on whether the company had direct control over the employees of the other. The new standard looks at indirect control, which critics argue is way too vague.

“What you saw out of the Department of Labor and the National Labor Relations Board was really unfairly tilting the playing field in favor of unions over workers and employers,” Kovacs said. “I think you need to get back to having certainty and fairness in our labor employment laws and not just benefiting one party in the workplace.”

Read the full article at InsideSources

Tuesday, November 15, 2016
Trey Kovacs
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