This document discusses four key HR policies that may change under President Trump's administration: 1) The Affordable Care Act may be repealed and replaced with reforms including allowing insurance sales across state lines and tax deductions for premiums. 2) Paid maternity leave and incentives for employer-provided childcare may be expanded through unemployment insurance and tax code changes. 3) Use of the E-Verify system to check employee status may be strengthened and expanded nationwide. 4) The recent expansion of overtime pay rules is likely to face challenges and a small business exemption may be implemented.

1. On January 20, 2017, America will swear in Donald Trump as the 45th President of the
United States of America and usher in an era of change for the country and the workplace.
Let’s take a look at four of the key HR related items the President-elect has promised to
change and how your company and employees could be impacted.
1. THE AFFORDABLE CARE ACT (A.K.A. OBAMACARE)
One of Trump’s top promises has been that “On day one of the Trump Administration, we will ask Congress
to immediately deliver a full repeal of Obamacare.” He has since amended that stance slightly, saying in a
November 2016 interview with 60 Minutes that he would take a more modest approach to overhauling the
ACA. He insisted that his administration would work to simultaneously repeal and replace the ACA to avoid
lapses in protection. He also expressed that he would consider keeping the provisions that allow for pre-
existing conditions and children living at home to remain on their parents’ insurance.
Experts have noted that a total repeal is highly unlikely. As noted in a recent SHRM article, to repeal the law,
the Senate would need 60 votes to avoid a Democratic filibuster. While the recent election gave the
Republicans a majority in the senate (51 Republicans to 48 Democrats) it did not provide a filibuster-proof
majority. Along with the changes to Obamacare, the President-elect has outlined the following healthcare
reforms1:
• Modify existing law that inhibits the sale of health insurance across state lines.
• Allow deduction of health insurance premium payments from tax returns.
• Allow individuals to use contributions into HSAs to accumulate and become part of an estate of the
individual, so they can be passed on to heirs without fear of any penalty.
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2. • Require price transparency from all healthcare providers, especially doctors and healthcare
organizations like clinics and hospitals.
• Block-grant Medicaid to the states.
• Remove barriers to entry into free markets for drug providers.
2. MATERNITY LEAVE & DAY CARE
Trump’s plans include expanding unemployment insurance (UI) to accommodate six weeks of paid
maternity leave and incentives for employers to provide child care at work. Per his website, his overall
vision for child care also includes:
• Rewriting the tax code to allow working parents to deduct from their income taxes child care expenses
for up to four children and elderly dependents.
• Allow parents to enroll in tax-free dependent care savings accounts for their children or elderly
relatives.
• Provide low-income households an Expanded Earned Income Tax Credit – in the form a Childcare
rebate – and a matching $500 contribution for their savings accounts.
• Creating a new, dynamic market for family-based and community-based solutions.
3. E-VERIFY
In an August 2016 speech, Trump indicated that he planned to work with Congress to strengthen and
expand the use of the E-Verify system across the country. Currently, 22 states and localities require E-Verify
or an alternative to verify employee identity or citizenship status.
The move to mandate E-Verify is likely to be one of Trump’s actions items that can take place sooner rather
than later. In a recent article, Chatrane Birbal, Society for Human Resource Management (SHRM) senior
advisor, government relations noted that, “Congress has reauthorized the E-Verify program for years, the
established mandated requirements for federal contractors, various state requirements and the nationwide
use by [some] employers, it is conceivable that a mandatory E-Verify program will garner support in the
next Congress.”
4. FLSA OVERTIME RULE
On Tuesday, November 22, 2016 a Federal Judge in Texas issued an injunction to bar President Obama’s
re-visions to the Fair Labor Standards Act (FLSA). This ruling delays the FLSA’s implementation date,
originally scheduled for December 1, 2016. While the overtime rule could still be implemented later down
the road, it likely faces an uphill battle.
In an August 2016 interview, the President-elect hinted that he was in favor of a small business exemption
to the Department of Labor’s FLSA Overtime Rule Change. As it stands now under the coming change, ALL
employers with full-time, non-exempt employees making less than $47,476 are impacted. Ross Eisenbrey,
vice president of the Economic Policy Institute estimates that a small business exemption would allow
roughly 50% of American businesses to avoid the new regulation.
1 (Source: Donald J Trump Website)
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4 Workplace Regulations to Watch
Under President Trump’s Administration