Biden's election signals major changes for the American workplace.

PositionNuts & Bolts

Look for President-elect Biden to start fast on Jan. 20 by picking the low-hanging fruit--revoking many of President Trump's executive orders, including some relating to immigration and the workplace. Then, HR professionals should be prepared for initiatives from the White House affecting these issues:

  1. Coronavirus response The Biden administration will launch a coordinated federal effort to control the pandemic, which may include a nationwide mask mandate. Expect OSHA, for the first time, to issue binding safety rules addressing workplace exposure prevention, testing, isolation and temporary closures. Expect more fines on employers for COVID violations. Currently most OSHA violations are via the "General Duty Clause" (see page 6).

    Biden will probably push for an additional round of recovery legislation, including economic stimulus measures and more financial support for struggling small businesses.

  2. Health care Expect Biden to expand coverage under the Affordable Care Act, as long as it withstands its latest Supreme Court challenge. Oral arguments on that case seem to indicate that justices would uphold the law. Look for a decision early next year.

    Biden has said he would keep the employer mandate, and he would also allow employees to receive coverage on an ACA exchange even if their employer offers ACA-compliance coverage. He also favors a public insurance option similar to Medicare. A Republican-controlled Senate could limit Biden's expansion plans.

  3. Paid leave Even before taking office, Biden is likely to push for extending the paid leave provisions of the Families First Coronavirus Response Act, currently set to expire Dec. 31.

    The president-elect also favors giving up to 12 weeks of paid family and medical leave so all workers can care for their own medical needs and their family's medical needs, and to care for children during school shutdowns.

  4. Wage-and-hour issues While many states have raised their minimum wages, the federal level has been stuck at $7.25 for a decade. Biden is pushing for a nationwide $15 per hour minimum wage, an idea that will face stiff headwinds in a Republican Senate.

    Look for Biden's new Department of Labor to quickly overturn several of Trump's controversial wage regulations. Expect the new DOL to focus on broadening the definition of employee, making it harder to have workers meet the independent-contractor definition.

  5. Discrimination/harassment Expect new regulations enforcing and broadening Title...

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