From The National Law Review, Francis P. Alvarez, Jeffrey W. Brecher, Laura A. Mitchell, Joy Napier-Joyce, Michael H. Neifach, and Amy L. Peck discuss what changes to labor law might be expected in a Biden administration. They write:
As President-elect Joe Biden selects members of his Cabinet and prepares for his transition into the presidency, he and a Democratic majority in the House of Representatives may pursue a number of significant pieces of federal workplace legislation. Many of these employment law measures successfully passed the House in 2019 and 2020.
Moreover, as with any transition from the President of one party to the President of another party, presidential appointments to the administrative agencies such as the Equal Employment Opportunity Commission and the National Labor Relations Board are likely to have further effect for employers.
Changes may come to the following areas:
The Biden Department of Labor (DOL) will likely withdraw the DOL’s proposed independent contractor rule, which has not been finalized yet. If the rule is finalized before the end of the Trump Administration, a Biden DOL may initiate new rulemaking to then rescind it. The proposed rule clarifies who qualifies as an “independent contractor” under the Fair Labor Standards Act (FLSA). Moreover, the Biden DOL may take steps to further expand the definition of who qualifies as an “employee” under federal law, making it harder for businesses to contract with independent contractors without fear of misclassification.