During the campaign, President Trump signaled that his administration would take a tough stance on immigration, promising to “build a wall” along the U.S.-Mexican border and to deport millions of undocumented workers. Pinning down the details of the president’s immigration policy has proven to be somewhat elusive, however, and it is too early to make many hard and fast predictions.
That said, it is clear that President Trump’s immigration agenda will significantly impact employers. For starters, we should expect a much more aggressive approach to workplace immigration compliance. Employers should anticipate that Form I-9 audits and investigations will be stepped up. Additionally, ICE may be given the green light to resume the high-profile worksite raids that were prevalent during the Bush era.
Other changes impacting employers may come later, through some form of immigration reform legislation. President Trump has voiced support for mandating E-Verify for all employers, and it’s almost certain that any proposed legislation will include mandatory E-Verify.
We all need to stay tuned into changes coming – we will be advising you as more is learned.
The first priority for Trump will be the repeal of the ACA. However, this is not expected to happen overnight. Economists and lawmakers that have been deeply involved in U.S. healthcare policy have noted that repealing the ACA will be an extremely difficult task. But, in the months ahead, we can expect the President to work hard on healthcare policies, and we can expect to learn more about how he will implement each of these:
> Increase access to health savings accounts. Trump wants contributions into HSAs to be tax-free and to be allowed to become part of the estate of the individual HSA account holder.
> Block-grant Medicaid to the states. Increase the authority of state governments over Medicaid funds and reduce “federal overhead.”
>Trump plans on opening the drug market to more foreign competition in order to lower costs and increase options for consumers.
Are you thinking about opening up your business to employees’ pets? It’s a growing trend, but uou will need a written policy before you allow pets in.
One of the biggest legal risks is the Americans with Disabilities Act. If an employee is allergic to animals, pet owners must understand that they may have to leave their animals at home as a reasonable accommodation. Other possible accommodations include creating sufficient separation between the allergic employee and the pet, segregating the pet to a specific part of the facility, or improving ventilation. Ignoring the pleas of an allergic employee, though, will open you up to potential ADA liability. On the converse, in all but the most extreme circumstances, you are likely required to allow a service dog (or miniature horse) as a reasonable accommodation, even if you prohibit all other pets.
Additionally, employees should verify, in writing, that they have sufficient home owners’ or renters’ insurance to cover any damage to person or property caused by the animal. You should also consider indemnification in case your business gets sued, and a written paycheck deduction authorization for any damage caused.
Despite your desire to allow pets – whether as a perk, a recruitment tool or both – your employees still make up the core of your enterprise. If you have to choose between an employee or a pet, you should always choose the employee.