As my teenage daughter would say: “Well, that happened.” As I write this, a little over one week has passed since the end of days, the rain of frogs or whatever apocalyptic description you may choose to describe the election of Donald Trump as the 45th President of these United States. Considering that the Chicago Cubs just won the World Series only a short time beforehand, one may be excused from thinking that the end of time is, indeed, at hand. There can be no doubt that Trump’s election will upend the apple cart in Washington, D.C. For example, Trump plans on overturning a multitude of Executive Orders that the Obama Administration has issued over the last eight years. While rescinding Executive Orders sounds easy enough in concept (and probably in practice since all it takes is a signed statement revoking them), whether all of the Executive Orders concerning employment issues will be negated is less clear. As an example, here is a brief overview of the Executive Orders the Obama Administration has rolled out concerning employers:
- Executive Order 13495 / January 30, 2009. Requiring federal contractors and subcontractors to ensure that if their duties are taken over by a successor entity, non-managerial employees, who otherwise would be terminated by the transition, will be offered a right of first refusal in any future employment for positions for which they are qualified.
- Executive Order 13496 / January 30, 2009. Requiring federal contractors to notify employees about federal labor laws.
- Executive Order 13518 / November 9, 2009. Promoting the employment of veterans in the federal government.
- Executive Order 13658 / February 12, 2014. Requiring federal contractors to pay minimum wage to any employees, workers or contractors they utilize.
- Executive Order 13665 / April 8, 2014. Prohibiting federal contractors from discharging, discriminating against or retaliating against any employees who have discussed or disclosed the compensation information of another employee or applicant.
- Executive Order 13672 / July 21, 2014. Prohibiting discrimination based on sexual orientation and gender identity by federal contractors.
- Executive Order 13673 / July 31, 2014. Requiring entities interesting in contracting or subcontracting with the federal government to disclose any administrative merits determination, arbitration award or decision or civil judgment rendered against them within the last 3 years relating to federal and state labor and employment laws.
- Executive Order 13706 / September 7, 2015. Establishing paid sick leave for federal contractors and subcontractors.