Now that a new administration is in the White House, there could be some changes coming to various signature labor and employment policies established during the Obama Administration. For example, Trump will soon fill two vacancies on the National Labor Relations Board (NLRB), which may then overturn the Obama administration’s pro-board worker initiatives. The two seats were formerly held by Harry Johnson and Kent Hirozawa. The NLRB may modify its definition of joint employment under the federal labor law. Business also may push to change the board’s approach to determining appropriate voting units in union representation elections and move away from rules that allow ”micro-units” of similar employees to unionize.
In addition, the Supreme Court returned this month with a number of cases that have implications for labor and employment law. The justices are being asked to determine whether the ERISA exemption extends to religiously affiliated hospitals with pension plans covering thousands of employees and potentially billions of dollars in underfunded liabilities. The Court will decide cases on transgender rights and presidential appointment power. Also, the Court will decide whether employees can waive the right to class action lawsuits.