Today’s News and Commentary — November 8, 2016

Just in time for the election, JD Supra Labor and Employment has published a brief overview of the candidate’s views on workplace laws.  Highlights of Clinton’s plans include her plan to increase the minimum wage to $12 an hour, improve collective bargaining rights, reward profit sharing arrangements, and support Wall Street reform.  Trump likewise plans to increase the minimum wage to $10 an hour and has focused his economic platform on job creation.  Read the full article here.

The New York Times noted the uncertain future of a federal policy which allows undocumented migrants to remain in the United States and apply to travel abroad and re-enter the United States without penalty.  The program, known as deferred action, has allowed thousands of young people to visit their home countries since its inception by the Obama Administration in 2012.  However, as the Times points out, the next President will have the power to repeal the program, leaving its future contingent on the outcome of today’s election.  Politico also weighed in on the status of immigration plans, saying that if Hilary Clinton wins, a comprehensive immigration reform bill will likely be one of her first moves as President.  Meanwhile, if Trump wins, the  National Immigration Forum plans to “move into a very defensive posture… [to] pressure House Republicans, Senate Republicans … so that they [become] the wall between what Trump wants to do and what he can do.”

The Supreme Court yesterday heard arguments on presidential power to make appointments to the National Labor Relations Board.  The justices heard arguments over President Obama’s appointment of Lafe Solomon, who was appointed temporarily as Acting General Counsel without Senate approval.  In 2014, the Supreme Court limited presidential powers by ruling that three of Obama’s 2013 NLRB appointments were invalid.  As Reuters points out, the outcome of the case could have widespread impacts on the next president’s ability to make temporary appointments.