From the Editor

By Stephanides, David | Labor Law Journal, Spring 2017 | Go to article overview

From the Editor


Stephanides, David, Labor Law Journal


Dear Reader

Much of President Trump's campaign was premised on dismantling actions taken by the Obama Administration. The President-elect promised to "repeal and replace" the Affordable Care Act and to undo the Dodd-Frank Act. One of the his priorities is also undoing many of Obama's Executive Orders and the "Midnight Rules"-new regulations released during the final weeks of the Obama Administration. To this end, the President has embarked on a whirlwind of activity targeting reforms in the tax, health care, life sciences, banking, financial services, federal securities, antitrust and competition, labor and employment law, employee benefits, payroll, pension and retirement, energy and environmental law, and government contracts areas.

In the labor and employment law space, the National Labor Relations Board has consistently rankled employers during Obama's eight years at the helm, proving a stalwart supporter of organized labor and ushering in change, in degrees both incremental and sweeping, to that end. Much to the chagrin of employers, the Obama Board has chipped away at once-reliable Board precedents on apparently settled issues, such as the permissibility of union-gerry-mandered "micro-units," the right of employers to control their company email systems and bar their use for protected union activity, the employment status of university graduate students under the National Labor Relations Act and, perhaps most significantly, the test for determining whether an entity is a "joint employer" under the Act.

Much of this will be undone under the Trump Administration, most labor practitioners confidently predict. As naturally occurs when an administration turns from Democratic to Republican (and vice versa), the Board's makeup turns with it, with the majority of its Members adhering to the party in power. Such is the case with the incoming administration. …

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