Divided Congress. Legislative gridlock in Washington, D.C., is nothing new—President Barack Obama dealt with it during the last six years of his presidency. This is what we can expect to deal with for the first two years of the Biden administration.
- No-go on PRO. With Republicans apparently having retained their majority in the Senate (though two Senate runoff elections in Georgia on January 5, 2021, may change the equation), the immediate possibility of Democrats scrapping the filibuster and advancing major labor and employment legislation such as the Protecting the Right to Organize (PRO) Act is remote.
Executive Branch Agencies and Regulations. While Senate Republicans could stymie Biden’s legislative agenda, Biden would still have the entire executive branch to implement many of his desired policy changes. This is where most of the policy bread gets buttered these days anyway.
- U.S. Department of Labor. Expect the following from a Biden DOL:
- The Wage and Hour Division will likely implement a “repeal and replace” agenda with respect to regulations addressing overtime, joint employment, and independent contractor status.
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