Biden Administration Labor Initiatives to Watch For

As the Biden administration begins to take shape, below are some labor issues that we will be monitoring. We will make sure to update this blog if and when changes begin to occur.

• Labor Initiatives

  • Expand the definition of “Joint Employer” under the National Labor Relations Act.
  • Restrict the definition of “Independent Contractor” to include fewer workers.
  • Increase penalties available against employer’s for violation of the National Labor Relations Act.
  • Protect Union’s rights to display inflatable animals (such as “Scabby the Rat”) at non-union construction sites.
  • Re-instate obligations for employers to bargain with a newly certified Union prior to issuing discipline.
  • Expand the definition of “concerted” activity under the National Labor Relations Act to provide more protection for employees to raise workplace complaints.
  • Increase off-duty employees’ access to an Employer’s property.
  • Decrease an employer’s ability to make unilateral changes consistent with past practice to terms and conditions of employment without agreement from the Union.
  • Increase employees’ rights to utilize employer’s electronic communication systems (such as e-mail) to engage in organizing activities.
  • Protecting the Right to Organize Act (“PRO Act”)
    • Gives NLRB the power to fine companies up to $50,000 per violation.
    • Eliminates the right to a secret ballot in union elections, forcing workers to vote in front of union organizers and colleagues via “card check.”
    • Eliminate Right-to-Work laws nationwide.