Aside from proposing potential carve-outs for small businesses under the new overtime rules that go into effect on December 1, 2016 and supporting six weeks of paid maternity leave, President-elect Trump has not discussed in significant detail how, if at all, he plans to address issues involving workers’ rights. However, it is possible to predict certain broad trends that are likely to come about given the general pro-business and states-rights approach Trump has taken throughout the campaign. The U.S. Department of Labor (the “DOL”) and other federal agencies will likely become less active than under the Obama administration. 

As a result, we are likely to see an increase in state and local activism on wage and hour and worker-protection issues such as minimum wage, pay equity, and paid sick leave. Significantly, wage and hour-related legislation or rule-making placing further restrictions on businesses is unlikely under his administration and existing regulations will possibly be repealed or scaled back.