Labor and Employment Law Update: What to Expect under the Biden Administration

Presented by Susan Gross Sholinsky, Kevin R. Vozzo, and Corey P. Argust of Epstein Becker Green, this program will benefit In-House Counsel, Labor & Employment Lawyers, Labor Relations Specialists, Human Resources Practitioners, and others charged with overseeing the engagement of independent contractors, managing labor relations, and/or ensuring compliance with equal employment opportunity laws, rules, and regulations.

In the first part of the program, the presenters will provide an overview of the Trump administration's approach to worker classification, and address how the federal government's approach could change under the Biden administration, including with respect to the specific tests and factors used to differentiate between independent contractors and employees under federal law.  The presenters will also discuss "best practices" for mitigating risk in this area.

In the second part of the program, the presenters will address potential changes that the Biden administration may make to national labor policy.  In addition, the presenters will explore what steps the National Labor Relations Board might take to secure greater protections for workers, and to increase union membership and activity in the workplace, through potential rulemaking, policy changes, and reversal of recent Board decisions.

Finally, the presenters will discuss the extent to which employers should anticipate changes to the federal government's approach to equal employment opportunity and compliance issues, including respect to the Equal Employment Opportunity Commission's enforcement priorities moving forward.

Learning Objectives:

1. Review the federal government's approach to worker classification, labor relations, and equal employment opportunity and compliance issues under the Trump administration, and recent updates in these areas
2. Explore how the federal government's approach to these issues could change under the Biden administration
3. Identify ways to mitigate risk stemming from a potential increase in pro-worker and pro-labor rulemaking and enforcement
4. Identify "best practices" to promote compliance in the workplace