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The Biden Administration & Your Workforce: Expectations for Employment Law

A special employment law update focused on the new administration’s impact on employment law. In 75 minutes, you’ll learn:

  • What’s happened in the last 100 days.

    Get a debrief on everything from the recent COVID relief bill to agency and regulatory changes.

  • What’s next on the most progressive pro-worker agenda since the Great Depression.

    Get a clear understanding of what will likely change in the days and months ahead, and what might not.

  • How to adjust your policies.

    From handbooks to pay disparities, we’ll cover what you should be ready to self-check and rework before it’s illegal.


President Biden has made it clear that pay equity and pro-union federal laws and regulations are key priorities, and as we close in on the first 100 days of his term, it’s clear those plans are pushing ahead. Key legislative goals include passage of the Protecting the Right to Organize Act (PRO Act), the Paycheck Fairness Act (PFA), and the Pregnant Workers’ Fairness Act (PWFA). Plus, the Equality Act (EA) is moving forward.

With passage, employers can look forward to a slew of new regulations impacting every aspect of recruiting, hiring, managing, and firing.

But it’s not just new laws that are on tap. President Biden also intends to update and revise existing regulations that protect vulnerable workers. DOL’s OSHA will be the lead agency, doubling investigators who will enforce the coming Emergency Temporary Standards (ETS) for COVID-19 safety.

Now is a crucial time to check in on what’s already happened and get ready for swift and on-going legislative initiatives. Employment lawyer Anniken Davenport will keep you up to date in the latest installment of The Biden Administration & Your Workforce: Expectations for Employment Law.

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Agenda for The Biden Administration

  • The rapid changes to COVID control. How you should adjust your safety and shut-down procedures in response to OSHA’s emergency temporary standards.
  • Stimulus legislation. The just-passed stimulus plan includes scores of provisions impacting everything from how you manage your cafeteria plan to restructuring your COBRA rules.
  • Employee leave. Though expanded paid leave didn’t make it through the most recent stimulus plan, the Biden administration continues to signal that it wants some form of paid leave legislation passed this year. We’ll update you on where that stands.
  • Agency transitions. New leadership in the DOL and NLRB are already hard at work on changes within their agencies. For example, at the NLRB handbook rules that restrict discussing working conditions are again on the chopping block, and at the DOL independent contractor status rules are being tightened.
  • Gender and pay parity. With Janet Yellen at Treasury, Shalanda Young the likely head at the office of Management and Budget, and Cecilia Rouse at the White House Council of Economic Advisers, expect a push to close the pay gap once and for all. That’s sure to include tighter rules for federal contractors.
  • More forms of discrimination. As the Biden administration pushes for legislation and regulations expanding workplace rights for LGBTQ persons, employers need to be proactive. Learn what to do now to finish implementing last summer’s big Supreme Court LGBTQ decisions. Hint – it’s more than updating your non-discrimination clause.
  • Immigration. Executive orders are already reversed, what does this mean for your DACA employees and those on visas? Plus, expect an increase in efforts to hold employers responsible for employing undocumented workers rather than punishing the workers themselves.
  • Worker protection. Biden’s administration agenda is pro-worker and pro-union. Expect legislation plus a bully-pulpit effort to support union drives wherever they occur. Learn what you should do – and should not do – if there’s even a hint of unionizing talk at your workplace.
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Anniken Davenport is a noted employment law attorney and the editor of HR Specialist: Employment Law. She has authored several books, including Bullet-Proof Your Employee Handbook and Overtime & Other Tricky Pay Issues, published by HR Specialist. She is the co-author of the upcoming Labor & Employment Law for the 21st Century by Prentice Hall. Anniken has served as a professor at Penn State University, where she taught business law and HR management, and she directed the Legal Studies Program at Wilson College. Her legal career includes representing government units in discrimination and other employment law cases and representing school districts in labor negotiations.

Anniken Davenport
Anniken Davenport Attorney and author

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