Tag Archives: President Trump

What Does the Trump Administration Mean for Human Resources?


human-1181577_1280The next several months—and likely the next few years—will be a roller coaster for Human Resources professionals. The differences between the Obama Administration and the Trump Administration are stark in many government arenas, but labor and employment is surely one of the areas where the differences are the most dramatic.

Here are some of the most likely changes that HR will have to address with their organization’s management in the short-term:

1. Immigration

Immigration practice is likely to change, with some changes coming quickly and others developing over the course of several months and years. In the short term, E-Verify will be expanded to check all new workers, and I-9 forms are likely to see increased audits. Industries that are dependent on immigrant workers—both high-tech companies needing H1-B visa holders and those like hospitality firms that need manual and service workers—are likely to see a slow-down in their ability to bring in foreign workers. HR will need to have compliance programs in place.

2. Overtime

The Department of Labor changes to the overtime exemption rule will likely be reversed. Business had objected strongly to raising the exempt salary threshold to $913 per week ($47,476 per year), though most organizations had begun—or even completed—their transition to this increased bright line between exempt and nonexempt positions. Currently, the rule is in limbo, as a federal court has enjoined its implementation, but how the court will rule finally is unknown and the timing uncertain. The new Department of Labor could decide to drop its defense and let the injunction become permanent. Or DOL could propose some modifications. HR will need to advise management on whether to retain changes that have already been implemented and communicated, whether to reverse them, whether to take a “wait and see” approach, or some combination of all of these.

3. Health Benefits

The Affordable Care Act (Obamacare) will change. But the scope and direction of the modifications and repair of this complex statute and its even more complex regulatory scheme have not yet been determined. At the moment, HR can’t do anything, but this is an area that will necessitate time and effort, no matter what happens.

4. Union Organizing

Many NLRB rulings are likely to be reversed. The timing of these changes will depend on when President Trump fills the vacant seats on the Board, but as soon as Republican appointees have a majority, it is likely that we will see a significant tilt toward management-favored positions. In the immediate future, some of the pro-union policies favored in the Obama Administration, such as “quickie elections” and the “persuader” rule (requiring attorneys and other consultants to disclose clients whom they advise on union organizing issues), should be axed. The broadening of the joint employer doctrine—which the Obama Administration had pushed—may also be rolled back.

5. Downsizing

Reductions in force in major employers are likely to receive increased public scrutiny. If jobs are moving overseas, employers need to be ready to justify their moves and to respond to possible Presidential attention.

And over the longer term, HR can add the following changes to its project list:

  • The Obamacare changes are a long-term issue. It is unlikely that employers will need to change anything for 2017, and even 2018 is uncertain.
  • State and local legislative developments will become a bigger area of concern. Issues such as minimum wage increases and paid family leave are likely to see more movement at the state and local levels than through Congress.
  • Diversity practices may get murkier. The mandate for affirmative action at federal contractors may be weakened or repealed, though Congress might push back on President Trump on this issue if he goes too far. HR will need to work with organizational leaders in determining the best diversity policies for their workplace.
  • Also on the diversity front, employees with strongly held religious beliefs may seek greater freedom to object to work assignments and/or to display signs of their beliefs in the workplace. With Christians feeling empowered and Muslims feeling threatened, greater religious tensions in some workplaces are possible. HR will have to assist managers in working through these conflicts.
  • Whether President Trump will support broader immigration reform and whether Congress can pass such legislation are unknowns at this time.

The Society for Human Resource Management has set up a page monitoring workforce developments under the new Trump Administration. It is worth following.

I’ll revisit these issues in a few months to see what changes have developed.

HR professionals, which issue do you most hope changes under the Trump Administration?

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Strategic Trolling: In the White House and in Business


donald-trump-2005343_1280We wondered whether Donald Trump would stop tweeting after the November 8 election. The answer was no. We wondered whether he would stop tweeting after the Inauguration. The answer is still no. And much of the nation does not know how to deal with a President who tweets and says anything and everything that enters his head.

We need to figure it out.

A few editorial pieces recently have begun talking about how to respond to the “alternative facts” and exaggerations and outright untruths that President Trump and his advisers have spoken or written. The partisans are trying to label everything as outrageous and respond to it all. The more thoughtful commentators are talking about the need to pick their battles.

On January 23, Russ Douthat wrote in an editorial titled “The Tempting of the Media,” in The Kansas City Star,

“. . . the press may be tempted toward—and richly rewarded for—a kind of hysterical oppositionalism, a mirroring of Trump’s own tabloid style and disregard for truth.”

The danger for the media, he wrote,

“is the same danger facing other institutions in our republic: that while believing themselves to be nobly resisting Trump, they end up imitating him.”

Only if the media, our politicians, and others who must deal with the new Administration keep our responses rational will we be able to influence the results effectively.

Also on January 23, Barton Swaim wrote for The Wall Street Journal, in “Trump, the Press and the Dictatorship of the Trolletariat,”

“few journalists have appreciated the degree to which Mr. Trump’s entire political and governing strategy depends on trolling them. They’ve mostly assumed his penchant for exaggeration and invention was the result of psychosis, or just ego. By now, though, it ought to be apparent that he’s doing it intentionally, and strategically.”

(“Trolling” he defined as “[deliberately kindling] acrimony by making outrageous, offensive or confusing remarks.”)

On the PBS NewsHour on January 27, David Brooks commented that President Trump’s style was unnerving business leaders, the political class, and mainstream Republicans. He said that there could be two explanations for the President’s behavior—either he is “an authoritarian figure who is twisting words in an Orwellian manner,” or “he a 5-year-old who has an ego that needs to be fed.” So Mr. Brooks uses labels similar to Mr. Swaim’s psychosis and ego.

Mr. Swaim suggested that we focus on what matters and ignore what does not.

How many people filled the National Mall during the Inauguration doesn’t matter. Calling the press dishonest human beings may rankle, but it doesn’t matter. Whether the CIA employees gave our new President a lengthy standing ovation doesn’t matter.

By contrast, the cost in dollars and international goodwill of building a wall along the Mexican border matters. How to revise and improve our health care system matters. How best to engage with the rest of the world on trade, on terrorism, and on many other topics, matters.

Mr. Brooks mentioned the civil servants in government and Congress as possible checks on the Administration’s proposals. As he said (in the most humorous line of the January 27 NewsHour broadcast), “civil servants have many ways to not do something.”

All this reminds me of a couple of high-level corporate executives I worked with, who also used “trolling” strategically, though we didn’t call it that then. Both of these individuals were masters at taking a meeting off on a tangent when they didn’t want to make a decision. They used offensive commentary about other employees, raised unimportant issues, and demanded answers on picayune points to derail the meeting.

But because they were usually the highest ranking employee in the room, calling them out on these tactics was difficult. Forcing a decision was practically impossible unless their boss was in the room, and even then could only be done by putting them on the spot, which usually wasn’t worth the later ramifications. The only way to deal with the situation was in another one-on-one meeting, where they didn’t feel put on the spot to decide and could debate the pros and cons without revealing ignorance or uncertainty.

Those around President Trump and those who need to confront him need to develop similar ways of responding to his trolling. He has a strategy that is working for him so far, and his opposition—as well as his friends—need to respond strategically also.

When have you had to deal with trolling executives?

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