July 23, 2019

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What’s Next for Traditional Labor with President-Elect Trump in Office?

President-elect Trump’s strong base with blue collar workers helped him win yesterday’s election, despite significant union backing for Hillary Clinton during the campaign. Trump has not, however, revealed details on how he plans to address issues of interest to the unionized workforce beyond backing out of international trade treaties, such as the Trans-Pacific Partnership, and enticing businesses to return jobs to the United States via the use of tax incentives.  Despite his blue collar support base, President-elect Trump is unlikely to support significant pro-labor legislation or regulation that may be viewed as impeding or hindering businesses.  For example, expect no support from the Trump administration for the Employee Free Choice Act, which would expand opportunities for unions to enter previously union-free workplaces and place additional obligations on employers bargaining with already-established unions.

Hardhat on walls

As noted earlier, President-elect Trump is also unlikely to engage in or endorse continued federal labor and employment agency activism in wage and hour or other worker-related issues.  As an acknowledged user of labor consultants in his private businesses, President-elect Trump may repeal or revise the DOL’s persuader final rule requiring public disclosures of and by labor consultants (e.g., lawyers, law firms, and public relations firms) paid to help businesses inform employees about the effects of unionization.  The Trump administration, supported by the Senate, will likely nominate and confirm a “business-friendly” candidate to fill Kent Y. Hirozawa’s vacancy on the NLRB.  

© 2019 Proskauer Rose LLP.


About this Author

Allan Bloom, Litigation Attorney, Proskauer Rose Law Firm

Allan Bloom is an experienced trial lawyer who represents management in a broad range of employment and labor law matters. He has successfully defended a number of the world’s leading financial services, investment management, technology, consumer products, telecommunications, publishing, insurance, construction, and lodging companies, as well as global law firms and cultural institutions, against claims for unpaid wages, employment discrimination, breach of contract, and wrongful discharge, both at the trial and appellate court levels.

Anthony J Oncidi, Employment Attorney, Proskauer Rose Law Firm

Anthony J. Oncidi heads the Labor & Employment Law Group in the Los Angeles office. Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection. A substantial portion of Tony’s practice involves the defense of employers in large class actions, employment discrimination, harassment and wrongful termination litigation in state and federal court as well as arbitration proceedings, including FINRA matters.

Sunghee W Sohn, Proskauer, collective bargainng lawyer, labor counseling attorney

Sunny Sohn is an associate in the Labor & Employment Law Department and a member of the firm’s Employment Litigation & Arbitration Group.

Sunny represents clients before federal and state courts as well administrative agencies including the Equal Employment Opportunity Commission, the Department of Labor, the National Labor Relations Board, and the Illinois Department of Human Rights.

She counsels employers in a variety of industries, including manufacturing, construction, transportation, hospitality, consulting...