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Trump administration signals HR-related rulemaking priorities

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in Employment Law,Human Resources

The Trump administration issued its first semiannual regulatory agenda on July 20, listing hundreds of issues it would seek to address using the executive branch’s rulemaking authority. Among the HR-related agenda items:

Persuader rule: The Department of Labor is accepting public comments on permanently rescinding the Obama administration’s controversial rule until Aug. 11. The rule, which never took effect, would have required employers and labor-management consultants to report all contact they had with one another or with employees while union-organizing efforts were underway. No word yet on when final repeal will occur.

New overtime rules: A “request for information” issued June 27 marked the beginning of what will likely be another months- (or years-) long process of setting a new salary threshold that decides which exempt employees are eligible for overtime pay. The Obama administration’s never-enacted $47,476 threshold is still subject to a legal challenge pending before the 5th Circuit, which is expected to ultimately kill it off soon.

During confirmation hearings, Labor Secretary Alex Acosta said he favored a salary threshold “around $33,000,” higher than the current $23,660, but lower than the amount proposed in 2016.

Tip-pooling: The DOL’s Wage and Hour Division is expected to soon issue a notice of proposed rulemaking that would rescind previous restrictions on tip-pooling in the hospitality industry.

Injury tracking: In October, OSHA plans to issue a proposal to scrap a final rule issued in 2016 that would require employers to electronically submit workplace injury reports. The goal was to make the reports more accessible online.

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