Issue link: https://viewer.e-digitaledition.com/i/692106
THE NE X T PRESIDENT OF THE UNITED STATES TAKES THE OATH OF OFFICE ON JAN. 20, 2017. ALTHOUGH WHO SHALL PRE VAIL IN THE GENER AL ELECTION IS ANYONE'S GUESS, THE CONVENTIONAL WISDOM IS E ACH PART Y'S CURRENT FRONTRUNNERS WILL BE THEIR E VENTUAL NOMINEE. A SSUMING THIS HOLDS TRUE, EMPLOYERS WOULD DO WELL TO UNDERSTAND THE EMPLOYMENT L AW PL ATFORMS OF DONALD TRUMP AND HILL ARY CLINTON. MINIMUM WAGE According to Clinton's website, she supports raising the federal minimum wage to $12 per hour. She also supports local e-orts for greater increases to the minimum wage on a state-by-state basis. She supported Gov. Cuomo's recent e-ort to eventually raise New York's minimum wage to $15 per hour. Clinton's website also states that she "supports the Obama Administration's expansion of overtime rules to millions more workers." Although the statement is not entirely clear, one can assume this demonstrates support for the changes to the "white collar exemption" proposed by the U.S. Department of Labor and recently signed into law. The changes increase the salary threshold requirement to be overtime exempt from $455 per week to $913 per week. Thus, one can predict that a Clinton administration will continue with the Obama administration's proposed changes to the federal wage and hour laws. Donald Trump's campaign website does not address minimum wage. However, he stated during the Nov. 10 Republican debate that he would not raise the mini- mum wage and that, "we are a country that is being beaten on every front — eco- nomically and militarily. Taxes too high, wages too high, we're not going to be able to compete against the world." HEALTH CARE Both Tr ump's a nd Clinton's website address the ACA, which currently requires employers with 50 or more employees to provide minimum healthcare cover- age to their employees or pay a penalty. Trump has publicly stated he intends to "completely repeal" the ACA. Clinton has publicly stated that she intends to defend it. PAID FAMILY LEAVE Clinton's campaign website states that she intends to guarantee up to 12 weeks of paid family and medical leave and ensure at least a two-thirds wage replacement rate for workers. Her website does not provide many details but explains that she intends to fund the plan through a combination of tax reforms "impacting the most fortunate." Tr ump's website does not address paid family leave. When asked about the issue, Trump has neither supported nor opposed the concept, rather, suggesting the countr y must remain competitive. A video on Trump's website shows him stating he would rev iew a nd reverse ma ny of President Oba ma's executive orders on his first day in oœce. One such executive order wa s to requi re pa id sick leave for federa l contractors. It is unknown whether this is one Trump intends to reverse. Although campaign promises and plat- forms are frequently modified, employers should be prepared for the next presiden- tial administration. We will monitor any changes to employment laws, executive orders, and policy positions to assist you in maintaining lega l compliance and minimizing litigation risk. G reg Reilly and Adam G ut tell are Partners in Martin Clearwater & Bell LLP 's Employment & Labor Practice G ro up. Fo r m o re info r m atio n , co n- ta ct g rego r y.re illy@ m cbl aw.co m o r adam.guttell@mcblaw.com. ■ How the Presidential Election May Affect Employers BY GREG REILLY, JD, AND ADAM GUTTELL, JD Greg Reilly Adam Guttell 1 2 L E G A L E A S E