Reform Labor Law Now: An open letter to President Trump

75% of employers have encountered a labor-related lawsuit within the past five years. For small businesses across America, this trend is not only demoralizing but also economic suicide. Hiring has become one of the riskiest things a company can do due to the regulation and litigious policies of the department of labor and EEOC.

The Trump administration has the ability to reduce unemployment and turbo-charge productivity by cutting red tape in the workplace. Today, agencies like the EEOC and DOL are sucking resources and destroying workplace relationships. We urge the Trump administration to end agency overreach and allow America to get back to work.

May the whine of frivolous complaints, fueled by misguided policy, distract our businesses no longer. Make American Workplaces Great Again!

1. Shut Down the EEOC. The EEOC rewards frivolous workplace complaints and extorts money from employers who are just trying to run their business. Employees already have the right to take their employers to court. We don’t need a duplicative, taxpayer-funded agency that sees implicit bias in every cubicle. We urge the President to either shut down the EEOC immediately, or else limit its scope to only the most serious cases.

2. Uphold Freedom of Speech. Civil rights laws are being used to penalize employees and employers for mere speech. We urge the President to issue an executive order that no employer shall be investigated or sued for the workplace speech of its employees.

3. Protect the Gig Economy. The DOL is waging a war against independent contractors, which is how many small businesses get their start. Instruct the DOL to end the war! We urge the President to issue an executive order giving employees the right to choose to be independent contractors.

4. End Timeclock Slavery. Many employees prefer the simplicity and security of being on salary. Yet the DOL continues to investigate and penalize employers just for paying employees on a salary basis. This means many employees are forced to spend their days needlessly punching a timeclock. We urge the President to issue an executive order giving employees the right to choose to be paid on a salary basis.

5. Make the ADA Reasonably Accommodate Reality. The Americans with Disabilities Act is one of the most abused of the civil rights laws. Current regulations enable employees to use disability as an excuse for poor work or misbehavior. This demeans workers with true disabilities. We urge the President to issue an executive order that employers have the right to maintain high conduct and performance standards.

6. Protect Businesses from Predatory Attorneys. Under current employment laws, if a plaintiff’s attorney wins even one dollar in court, they can force the employer to pay their full legal fees. Meanwhile, if an employer wins – a process that takes years and costs hundreds of thousands of dollars – it gets nothing. This one-sided fee provision incentivizes plaintiff’s attorneys to clog the courts with frivolous and de minimis lawsuits. We urge the President to work with Congress to end this unjust system.

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