Increased Agency Enforcement Likely During Biden Presidency

With the inauguration of President-Elect Joseph Biden just days away, employers should take note that agency enforcement directives in the National Labor Relations Board (NLRB), Department of Labor (DOL), and Occupational Safety and Health Administration (OSHA) will likely see an immediate and substantial change from directives in place during the Trump Administration. Biden’s labor plan touts the need for “strengthening worker organizing, collective bargaining, and unions” and explicitly cites a plan for a dramatic increase in the number of investigators in labor and enforcement agencies to facilitate a large anti-misclassification effort.

Employers should prepare now by ensuring that they do not have employees misclassified as independent contractors or exempt from the FLSA overtime provisions. Employers should also expect a resurgence of NLRA enforcement when it comes to overly broad handbook and policy language and should examine their policies to ensure that they are in compliance with the National Labor Relations Act. Employers Council will keep you updated, and you can always call us with questions.