Employers and the Election

The information presented in this CLE may change in the coming weeks and months, just like the President’s position on various issues. The information covered includes:

  • As of January 20, 2017, the U.S. has a new President, and both houses of Congress are led by Republican majorities.
  • The U.S. Supreme Court is likely to follow suit.
  • Candidate Trump promised to reverse or eliminate many of the Obama Administration’s employee-friendly enforcement positions and rules.
  • Candidate Trump also carried working class voters.
  • Trump does not believe in the over-regulation of business.
  • This is reflected in his recent appointees.
  • Trump has shown more populist tendencies than traditional Republican candidates.
    • He already has expressed support for worker-friendly ideas, such as paid maternity leave and possible universal health care.
    • Some speculate he may support an increase in the federal minimum wage.
  • Trump is unlikely to forget the significant support he received from working class Americans, and he may be inclined to reward these voters.
  • This program provides a broad overview of the anticipated impact of Trump’s presidency on a multitude of labor & employment laws, regulations, agency guidance and enforcement provisions, and case law.
  • However, Trump’s statements are not always consistent, and his plans are a moving target.
7 part video, duration of 01:06:48.
Production Date
State Due Date Credit Information

Robert Shank

Robert Shank

    Robert D. Shank is Of Counsel in the Cincinnati, Ohio, office of Jackson Lewis P.C. He has 20 years of experience litigating matters in state and federal court, including 8 years litigating employment matters.

    Mr. Shank advises and represents employers in a broad range of employment law matters, including those involving non-compete agreements and trade secrets, discrimination and harassment, wage and hour, wrongful termination, and retaliation claims. He also advises and trains managers and supervisors on preventive litigation practices, focusing on how to comply with applicable laws and regulations, avoid workplace disputes, resolve employee relations problems, and satisfy legitimate employee expectations. His experience includes handling unfair labor practice charges, arbitrations, and other labor proceedings.

    During law school, Mr. Shank was a member of the Vanderbilt Moot Court Board and the Vanderbilt Journal of Transnational Law. He is a Cincinnati native and is an active member of several community organizations. 

    Professional Associations and Activities

    · American Bar Association

    · Butler-Warren Society for Human Resources Management, Board Member/Committee Chair

    · Cincinnati Bar Association

    · Defense Research Institute

    · Greater Cincinnati Human Resources Association, Board Member/Committee Chair

    · Ohio State Bar Association

    Pro Bono and Community Involvement

    · Cystic Fibrosis Foundation, Former Board Member

    · Hearing, Speech & Deaf Center of Greater Cincinnati, Advisory Member/Former Board Member

    · Juvenile Diabetes Research Foundation, Former Board Member

    · Liberty Township Zoning Commission, Former Member

    · Pro Bono Partnership of Greater Cincinnati, Volunteer

    · Xavier University, Former Executive Mentor

    Published Works/Speeches and Presentations

    · “The NLRB Could Implement Significant Changes To Union Election Rules,” Society for Human Resources Management website (July 2016) [Author]

    · “The EEOC Issues Guidance On Employer-Provided Leave And The Americans With Disabilities Act,” Greater Cincinnati Human Resources Association Newsletter (June 2016) [Author]

    · “Recent U.S. Supreme Court Decision On Vesting Of Health Benefits,” Butler-Warren Society For Human Resources Management Newsletter (August 2015) [Author]

    · “The EEOC Takes On What Many Would Call Garden Variety Severance Agreements,” Greater Cincinnati Human Resources Association Newsletter (March 2014) [Author]

    · “The Sixth Circuit Officially Recognizes The Joint Employer Doctrine,” Greater Cincinnati Human Resources Association Newsletter (February 2014) [Author]

    · “New State Unemployment Compensation Integrity Laws Take Effect October 21, 2013,” Greater Cincinnati Human Resources Association Newsletter (November 2013) [Author]

    · “Protected Concerted Activity And Employee Use Of Social Media,” Greater Cincinnati Human Resources Association Newsletter (June 2013) [Author]

    · “FMLA Changes Take Effect March 8, 2013,” Greater Cincinnati Human Resources Association Newsletter (March 2013) [Author]

    · “Will The Supreme Court Recognize A Cause Of Action For Associational Retaliation? Thompson v. North American Stainless, LP, 567 F.3d 804 (6th Cir. 2009), Cert. Pending,” Defense Research Institute, For The Defense (March 2010) [Author]