My post last week, If Trump Becomes President, hypothesized the impact of a Donald administration on the work world and HR. Historically, Democratic administrations have used the courts and their own executive powers to pass final rules and regulations that keep us HR folk very busy (see: ACA, FLSA, FMLA, ADA, etc…).
I can probably sum up a Hillary Clinton presidency like this: “more of the same”. While Hillary has her own agenda and plans, she will continue the policies and programs passed by the Obama administration.
Headline: Clinton Administration Creates “Good Paying” Jobs for Americans. Like Trump, Hillary promises to create jobs for Americans. She promises “good-paying” jobs in an effort to strengthen the middle class. Based on her platform, Hillary intends to create jobs in the public sector, in the energy and tech sectors and also by increasing American manufacturing. Extrapolating further, Clinton’s initiatives to build and reinforce the country’s infrastructure signal a potential increase in construction jobs. And yes, these will be union jobs HR folks because, as Hillary states, “When Unions are strong, America is strong”. For those HR professionals already experiencing difficulty filling those energy and tech jobs due to a lack of skilled talent, Hillary hopes to increase your talent pool by “creating a life-long learning system better tailored to 21st century jobs”.
Headline: “HillaryHealth” expands ACA, Medicaid and reduces Americans out-of-pocket health spending. Will we still refer to the Affordable Care Act as “Obamacare” when he’s no longer in office? No? Then I propose “Hillary Health”. If Hillary plans to shore up and expand the Affordable Care Act, she will have her hands full as insurers stage an exodus from state-run exchanges. In a Hillary-led world, perhaps she will make administration less complicated both on those who need health care but also on HR professionals and Benefits Administrators.
Headline: DOL Goes Gangbusters on FLSA Enforcement. The FLSA’s new overtime rules are passed by Hillary and crew but, to throw a bone to small businesses, are implemented in a phased-in approach that also offsets the automatic indexing provision. The Department of Labor Wage and Hour Division commits additional resources making overtime compliance its number #1 priority. HR departments around the country must get smarter on the FLSA and begin to document the reasons why jobs are classified exempt or non-exempt. These changes force HR professionals to strategize on compensation with a future-facing approach and use “non-traditional” workers (i.e. gig workers, part-time and job shares) to reduce company expenditures.
Headline: Within 4 years, Clinton Narrows the Pay Gap . Hillary narrows the pay gap by passing the Paycheck Fairness Act. Wages and pay decisions become more transparent. All private employers are prohibited from asking job applicants about prior salary history and are prohibited from verifying wages via references. Further, HR drives employers to compliance by creating compensation philosophies, conducting annual compensation surveys, reviewing compliance annually and recommending salary adjustments based on internal equity. HR Departments create forms and documentation to back-up pay change decisions. HR Professionals support publishing salaries of employees to further transparency. HR Departments across the U.S. should boost their comp knowledge and prepare to invest in internal data analytics around discretionary and non-discretionary pay.
Headline: Paid Family and Medical Leave for All U.S.-based Employees. While Trump promises to pass paid maternity leave, this proposal seems to reinforce archaic gender stereotypes and familial roles. Hillary promises paid Family and Medical Leave for working Americans, and thus families no longer have to choose job or family member or their own health. While a triumph indeed for all Americans, it will be long overdue. Out of the 193 countries in the U.N., the United States is the only high-income, developed country without paid parental leave.
Headline: The Expansion of Federally Protected Classes. Under a Clinton administration, I highly anticipate the addition of federally protected classes and continued empowerment of the EEOC to enforce anti-discrimination, anti-harassment and anti-retaliation laws. HR Professionals would be served well to brush off that harassment prevention training and deliver it annually.
Headline: Hillary Nominates Obama as Replacement for Justice Scalia. Considering his political and legal career, Obama seems like a likely nominee to replace Justice Scalia. This will get interesting. There is a current contingent of Republicans that are in favor of ticket-splitting, they will vote Clinton for President but split the ticket, voting for Republican House and Senate Candidates. Republicans hope this strategy will moderate Hillary’s “liberal agenda”. A left-leaning Court + Executive Branch could equal a very active 4 years for HR departments across the country.
Hillary has a reputation for getting shit done. So I’m not betting against her. If she is elected President, I suspect that this will be an opportunity for HR practitioners to demonstrate our value to the organization as a strategic business leader and consultant.