The 2024 presidential election holds significant implications for human resources (HR) professionals, particularly regarding federal agency regulations. The election outcome will likely influence policies and enforcement priorities at key agencies, including the Equal Employment Opportunity Commission (EEOC), the Federal Trade Commission (FTC), Immigration and Customs Enforcement (ICE), the Occupational Safety and Health Administration (OSHA), the Office of Federal Contract Compliance Programs (OFCCP), and the U.S. Department of Labor (DOL). Below is an overview of potential impacts:
Equal Employment Opportunity Commission (EEOC)
Although the EEOC will maintain a Democratic majority until 2026, a Republican administration could influence its direction. For instance:
- A Republican chair could shift the Commission’s agenda, potentially creating a policy stalemate.
- Pending initiatives, such as pay data collection requirements, might be halted.
- Artificial intelligence initiatives established by the Biden Administration may be rolled back, potentially triggering an increase in regulations at the state and local levels.
HR professionals should remain alert to updates in discrimination and harassment guidance.
Federal Trade Commission (FTC)
A Republican administration might abandon the appeal of recently struck-down non-compete regulations. This could significantly affect employee mobility and competition policies, especially in states without strong non-compete laws.
Immigration and Customs Enforcement (ICE)
Under a new administration, employers should anticipate an increase in immigration compliance enforcement, including ICE I-9 audits and raids, as this was a central issue of the Trump campaign. Stricter measures may replace the more lenient enforcement approach of the Biden administration.
Employers should be aware of their federal immigration compliance obligations and consult with legal counsel in the event of an agency audit or enforcement action.
National Labor Relations Board (NLRB)
The NLRB’s composition and priorities could change significantly. A Republican administration is expected to:
- Replace the current NLRB General Counsel (Jennifer Abruzzo) immediately.
- Designate a Republican as Board Chair by Inauguration Day, following the expiration of the current chair’s term in December.
While major reshaping of the NLRB and its focus toward more employer-friendly policies may not occur until 2026, employers should monitor labor relations developments and delay significant policy changes until rulings are formally issued.
Occupational Safety and Health Administration (OSHA)
OSHA’s regulatory approach may also undergo substantial changes:
- The “walkaround” regulation, allowing third-party representatives during inspections, may be rescinded, or revised.
- The heat illness prevention standard could be delayed, scaled back, or eliminated.
- New electronic injury and illness reporting requirements may face heightened scrutiny.
HR teams should monitor potential shifts in workplace safety regulations and ensure compliance with any new reporting obligations.
Office of Federal Contract Compliance Programs (OFCCP)
A new administration would likely scale back the OFCCP’s authority and contractor obligations. Potential changes include:
- Halting modernization efforts initiated by the Biden administration.
- Reducing the agency’s enforcement scope or even exploring its elimination.
U.S. Department of Labor (DOL)
The DOL’s direction could shift significantly depending on the election results. A new administration may revise or rescind Biden-era regulations, particularly regarding independent contractors and overtime pay.
A key focus will be the recently vacated overtime rule, which sought to raise the salary threshold for overtime exemptions to $58,656 as of January 1, 2025. A new rule might still increase the threshold, but likely to a level below the Biden administration’s proposal.
Other issues to watch include:
- Independent Contractor Status: The FLSA test for determining independent contractor status could revert to a more flexible standard favorable to employers.
- Joint Employment: Employers might see a rollback to a more employer-friendly joint employment test.
- Voluntary Compliance Programs: The reinstatement of programs like the Payroll Audit Independent Determination (PAID) program is possible.
HR professionals should prepare for potential adjustments to wage and hour policies, especially those affecting worker classification and overtime eligibility.
Next Steps
While some regulatory changes may occur swiftly, others will require time due to administrative procedures and potential legal challenges. HR professionals should consider the following proactive steps:
- Review I-9 Compliance: Ensure all employee I-9 forms are accurate and complete. Train and supervise staff to avoid common errors in form preparation and maintenance.
- Stay Informed: Monitor agency appointments and legal updates for regulatory changes.
- Adapt Policies Quickly: Be prepared to adjust workplace policies and procedures to comply with new or revised regulations.
- Promote Workplace Civility: Foster civility during potential post-election tensions and consider how the organization’s political stance might impact talent attraction and retention.
By remaining vigilant and adaptable, HR professionals can navigate the shifting regulatory landscape effectively while supporting their organizations and employees.
HR Works will continue to monitor these topics and provide updated information as it becomes available.
