Where do the Presidents Stand on HR and Employment Issues?

With the first Presidential debate next week, and the election rapidly approaching, employers will want to be aware of each candidates’ proposals for change in the workplace.  Donald Trump has said that he wants to repeal the ACA, allowing up to six weeks of paid maternity leave and encouraging employers to provide child care, push for a nationwide E-Verify system, increasing the prevailing wage for H-1B visas, and supporting a small business exemption from the overtime rule change.  Hillary Clinton has promised to increase the federal minimum wage to at least $12 per hour, supporting up to 12 weeks of paid maternity leave, seeking to enact the Paycheck Fairness Act, keeping the ACA, and upholding the overtime rule.


Donald Trump’s Proposals


Repeal of ACA

Donald Trump has promised and campaigned on the idea that if elected, he would immediately ask Congress to repeal the ACA.  As well, Trump has proposed the following:

·         Modification of existing law that inhibits the sale of health insurance across state lines

·         Full deduction of health insurance premium payments from individuals’ tax returns

·         Price transparency from all health care providers.

Maternity Leave/Child Care

Donald Trump announced on September 13 for unemployment insurance to include up to six weeks of paid maternity leave, however the plan does not appear to include men.  For child care, Trump has called for increased incentives for employers to provide child care at work.  He also said that families will be able to fully deduct the cost of child care from their taxes, and be able to enroll in a tax-free dependent care savings accounts for their children or elderly relatives.


Donald Trump has been very vocal on immigration, and supports a nationwide use of the employment eligibility verification system (E-Verify).  It is currently mandated that the federal government uses the E-Verify system for contractors.  Additionally, it is said that over 600,000 employers use this system nation-wide.

Increase in Prevailing Wage for H-1B Visas

Donald Trump has supported an increase in the prevailing wage for H-1B visas for any positions that require specialized knowledge.  Along with the increase in prevailing wage, Trump favors a requirement to hire American workers first, before the visas are available for foreign workers.  This would be done by sending ads work workers to unemployment and recruiting offices.  Hillary Clinton has not been specific about her position on H-1B Visas yet.


Hillary Clinton’s Proposals


Defending and Expanding of ACA

Hillary Clinton has promised to uphold the ACA and wants to expand on it in four areas:

1.       Reducing out of pockets payments (co-pays or deductibles).

2.       Providing more generous subsidies.

3.       Encouraging the enlargement of Medicaid in states where it has not currently expanded.

4.       Providing more options in the exchanges.

Minimum Wage

Hillary Clinton supports a federal minimum wage increase of $12, but would encourage states and cities to go further if it is phased in gradually and took into account the raise’s effects on areas with lower costs of living.  The current federal minimum wage is $7.25 per hour.

Paid Leave

 Hillary Clinton supports giving up to 12 weeks of paid family and medical leave to care for a newborn child or a seriously ill family member, as well as 12 weeks of medical leave to recover from a serious injury or illness.

Paycheck Fairness Act

The Paycheck Fairness Act was first introduced in 2005 when Clinton was a senator.  The goal of this bill would limit employers from paying employees different wages for doing the same job, as well as prohibiting employers from retaliating against employees for discussing wages.