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Post-Election Insights for In-House Counsel: Navigating a Shifting Political Landscape

As the political landscape shifts following the election, in-house counsel must adapt to potential changes in legislation and governance. Key considerations include tax reform, labor laws, and potential amendments to healthcare policies like Obamacare. Understanding the implications of acts like EFCA and the Paycheck Fairness Act is crucial. Counsel should also stay informed about employee communication strategies, especially regarding unionization efforts and supervisor definitions. Engaging in proactive education and compliance measures will be vital for navigating this complex environment.

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Post-Election Insights for In-House Counsel: Navigating a Shifting Political Landscape

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  1. Post-ElectionWhat In-House Counsel Need to Know and Do John A. Entenman Detroit, Michigan

  2. National Political Scene • Presidency: Democrat (up in 11/12) • Challenger(s): Internal (Clinton); External • Senate: Democrat (Some in name only) • House: Republican (Some “tea party”)

  3. Lame Duck Season • Tax Cuts (likely) • For all? • For the “non-rich”?

  4. Rush to pass proposed legislation? (unlikely) • EFCA • Paycheck Fairness Act (Equal pay, burden of proof) • Respect Act (Definition of “supervisor”) • Immigration Reform

  5. Whither “Obamacare” • Legal Status • Michigan • Florida • Virgina • To be amended? Partially repealed? Aspects defunded? • Law of unintended consequences

  6. Input on collective bargaining • No collective bargaining exception • Contract duration • Contract re-opener(s) • Broad employer-discretion contract language

  7. Advancing Labor’s Agenda • Office of Federal Contract Compliance Programs • Equal Opportunity Employment Commission • Offices of Minority and Women Inclusion (Dodd-Frank) • In each federal agency which regulates financial sectors • Extends to law firms

  8. National Labor Relations Board • Pro-labor • Expect rule-making and case law changes • EFCA-Lite • Narrow definition of supervisor • Weingarten rights to non-union employees

  9. No employer captive-audience speeches • Off-Site election voting • Members only, non majority bargaining • 100 employees • 40 = Union A • 40 = Union B • 20 = Union C or non-union

  10. TO DO • Engage in anti-union efforts now • Communication to and with employees • “Little Card – Big Trouble” • Education of employees and supervisors • Make sure your supervisors really are “supervisors” • Outsource non-core operations • Nirvana: Have no employees

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