ASA Staffing Success - Staffing Law 2017 No. 1

The election of Donald Trump, and the retention by Republicans of their majorities in both houses of Congress, has transformed the political landscape at the national level. While it may be too early to forecast specific changes, Trump’s executive branch appointments to date and ASA meetings with consultants, other business groups, and legislative contacts provide strong clues as to what employers generally can expect from federal agencies under the Trump administration.

Here’s a brief overview of the changes ASA expects at the key government agencies whose missions have the greatest regulatory impact on staffing companies. A more comprehensive analysis of the impact of the elections on the industry, including the future of the Affordable Care Act, appears in the January–February issue of

Staffing Success.

Department of Labor. On Nov. 22, 2016, a federal district court in Texas issued a nationwide injunction blocking the Labor Department’s new overtime rules, which were scheduled to go into effect on Dec. 1. Although the Obama administration appealed, most legal experts believe the injunction will be upheld, which would leave the lower court ruling in place. DOL watchers think new overtime rules will be issued at some point to increase the annual salary level, perhaps to the $35,000 range. But that would require the Trump administration to publish new regulations for public comment.

The new secretary of Labor could reverse the current DOL “guidance” that expanded the joint employment definition to make it easier to hold clients liable for wage and hour and other violations committed by their