Seyfarth Shaw LLP “Seyfarth Shaw” refers to Seyfarth Shaw LLP (an Illinois limited liability partnership). Seyfarth Shaw LLP

Post-Election Webinar Guest Speaker:

Randy Johnson, US Chamber of Commerce Senior VP, Labor, Immigration, and Employee Benefits

Moderator:

Larry Lorber, Seyfarth Shaw, Washington, DC

Contributors:

Ben Conley, Seyfarth Shaw, Chicago

Camille Olson, Seyfarth Shaw, Chicago and Los Angeles

Post-Election Webinar

2016

Speakers

Larry Lorber Senior Counsel

Seyfarth Shaw LLP

Washington, DC

202-828-5341

llorber@seyfarth.com

Ben Conley Partner

Seyfarth Shaw LLP

Chicago

312-460-5228

bconley@seyfarth.com

Camille Olson Partner

Seyfarth Shaw LLP

Chicago and Los Angeles

312-460-5831

colson@seyfarth.com

Randy Johnson Senior Vice President Labor, Immigration, &

Employee Benefits

US Chamber of Commerce

202-463-5682

press@uschamber.com

©2016 Seyfarth Shaw LLP. All rights reserved. Private and Confidential 2

Agenda

01 Impact of Trump Administration

02 115th Senate – Republican Controlled

03 115th House – Republican Controlled

04 Top Employment Priorities

05 Top Labor Priorities

06 Top Immigration Priorities

07 Top Health Care Priorities

08 Conclusion – The First 100 Days ©2016 Seyfarth Shaw LLP. All rights reserved. Private and Confidential 3

Election Results – President Elect Trump

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Clinton 47.7% (228) Trump 47.5% (290)

Source: RealClearPolitics.com

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Regulatory Process: A Primer

Role of the Agency

• Statutory Basis

• Proposed by Enforcement Agency

• Notice and Comment

• OMB Approval

• Agency Prosecutorial Discretion

re: Enforcement

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Regulatory Process: A Primer

Role of the President

• Executive Orders

• Promulgate

• Rescission

• Agency Regulations

• OMB

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Regulatory Process: A Primer

Judicial Oversight

• Regulations

• APA

• PRA

• Reg Flex Act

• Executive Orders

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Legislative Process: A Primer

Role of the President

Role of the Senate

Role of the House

Election Results - Senate

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Democrats 48* (+2) Republicans 52 (-2)

Source: RealClearPolitics.com

Election Results - House

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Democrats 193 (+6) Republicans 238 (-6)

Source: RealClearPolitics.com

• Status of Executive Branch and Regulatory Agencies

• Appointment of 9th Supreme Court Justice

Impact of Trump Administration

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Status of Executive Branch and Regulatory Agencies

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Supreme Court Nominee

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• Who?

• Impact on Employment Law

• Other Potential Open Seats

115th Senate – Republican Controlled

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Current Senate Majority Leader:

Mitch McConnell (R)

Impact of Senate Elections – HELP Committee

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• Republican Senate

Chair of Health Committee,

Education, Labor, and

Pensions Committee

– Also shares responsibility

with Senate Finance

Committee for Health Care

Current Chair:

Lamar Alexander

R-TN

Impact of Senate Elections – Committee Chairs

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• Judiciary Committee

o Authority over

Federal Arbitration

Act

• Finance Committee

• Appropriations Committee

Current Chair of

Judiciary

Committee:

Chuck Grassley R-IA

Current Chair of

Finance

Committee:

Orrin Hatch R-UT

Current Chair of

Appropriations

Committee:

Thad Cochran R-MS

115th House – Republican Controlled

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Current Speaker of the House:

Paul Ryan (R)

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House Committee Chairs

John Kline Current Chair of House Committee on

Education and the Workforce

R-MN

Kevin Brady Current Chair of House Committee on Ways

and Means

R-TX

Bob Goodlatte Current Chair of House Committee on the

Judiciary

R-VA

Fred Upton Current Chair of House Committee Energy

and Commerce

R-MI

Virginia Foxx R-NC

Top Employment Priorities

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Rescinding Executive Orders Pay Equity

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Paid Leave Minimum Wage Increase

Top Labor Priorities

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Traditional Labor Issues Preservation of Independent Business Model Rescind NLRB Ambush Election Rule Gig Economy Workers

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Top Immigration Priorities

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Comprehensive Immigration Reform

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Top Health Care Priorities

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Affordable Care Act / Obamacare

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• Repeal

• Replacement Act

Future of the ACA

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Future of the ACA

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Future of the ACA

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Conclusion

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President Elect Trump’s 100 Day Plan

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1. Repeal and Replace Obamacare

2. Comprehensive Immigration Reform

(Building a Wall)

3. Infrastructure

Other Potential Priorities

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1. Rescind Executive Orders

2. Nomination of Supreme Court Justice

3. Repeal Dodd-Frank Regulations

4. Pay Equity

5. Paid Leave

Questions

©2016 Seyfarth Shaw LLP. All rights reserved. Private and Confidential 34