State Governments May Increase Focus on Workplace Regulation During Second Trump Administration

Wednesday, November 13, 2024

Michele Ballard Miller and Michael Schmidt were quoted in an HR Brew article discussing how President-elect Donald Trump’s administration may shape the workplace landscape. Mike noted, "The current legal landscape, when it comes to the employer-employee relationship and the workplace, is challenging and ever-changing. Whether through legislative enactments, regulatory actions, or court rulings, today’s employers must stay ahead of developments at the federal, state, and local levels."

Michele explained that under Trump’s leadership, federal agencies, such as the National Labor Relations Board, could face regulatory reversals, particularly after the Supreme Court's June ruling limiting agency discretion in interpreting laws. Mike added, "We’ll see what the effect of that decision will be on deference to agencies, and whether there will be a reduction or outright elimination of most deference to agency action moving forward." Michele also noted, “Employers will be surprised at how many states step up to enact their own statutes to provide what they perceive to be protections for the workplace that the federal government is stepping away from or has disavowed.” This trend reflects efforts to fill gaps left by perceived federal inaction. While the full impact won't be immediate, Michele warned that employers should expect significant changes in the years ahead.

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