Regardless of your political persuasion, employers should be heartened by Tuesday’s election results. As you are painfully aware, employers have borne witness to an increasingly aggressive and overreaching National Labor Relations Board (NLRB), Department of Labor (DOL), and Equal Employment Opportunity Commission (EEOC). However, based on the shift in power, a respite may be coming. Potentially, the GOP will introduce legislation targeted at curtailing the agenda of the current NLRB. For example, Sens. Mitch McConnell (R-Ky.) and Lamar Alexander (R-Tenn.) have proposed to increase the Board’s membership from five to six individuals, with three appointees from each political party. The newly-formed Congress could also pursue ways to limit the actions of the EEOC and DOL, which have initiated investigations and filed lawsuits against employers at a record-setting pace, despite being rebuffed by a number of federal courts for their aggressive tactics and sometimes legally unsupported contentions. Although President Obama maintains the power to veto legislation, Congress holds the purse strings. Limiting financial support to these agencies would severely curtail their recent conduct and may dull implementation of any new “employer unfriendly” initiatives. Stay tuned. Barley Snyder’s Employment group will keep you apprised as legislative and regulatory changes unfold.
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