Biden’s impact on employment law

Biden’s impact on employment law 1350 900 Balance Point Team

BPHR’s Director Lisa Salcido, SPHR, SHRM-SCP provides answers to your pressing HR questions.

Question: What impact might the Biden Administration have on employment law? 

Answer: Buckle up! The Biden Administration has an ambitious agenda filled with labor and employment priorities. Starting with a reversal of President Trump’s pro-employer actions, Joe Biden has pledged to “aggressively pursue employers who violate labor laws.” 

Let’s look at how moving in a business-unfriendly direction could drive human capital costs up and result in a more challenging environment for employers:

Minimum Wage and Overtime Rule Changes

Democrats have long sought to roughly double the federal minimum wage to $15.00 per hour and may revive President Obama’s planned increase to overtime regulations, resulting in more employees being eligible for overtime pay. 

Paid Family and Medical Leave

Biden’s plan calls for 12 weeks of paid leave for all workers for their own or a family member’s serious health condition. 

Stronger Labor Law Enforcement

After promising to hold executives personally accountable for labor law violations, there is a strong push for Biden’s Department of Labor to aggressively pursue potential wage theft, tax evasion by intentionally misclassifying employees as independent contractors, anti-union activities, and general labor and employment law violations.


Responding to Biden’s executive order, the Occupational Safety and Health Administration (OSHA) issued stronger guidance on identifying coronavirus exposure risks and implementing a COVID-19 Prevention Program at work. Biden has also ordered OSHA to consider issuing emergency temporary standards which could result in legal obligations for employers. 

The Biden Administration also supports allowing workers, who quit their jobs due to unsafe working conditions, to receive unemployment insurance. Employees would decide if there was a health or safety violation, and would qualify for unemployment benefits, by simply refusing to work.

Business owners should expect costly labor and employment challenges and get ahead of these changes now! 

Satisfy Compliance, Focus on Strategy with BPHR

With BPHR, an HR Generalist will help you navigate employment law ensuring your compliance so you can focus on more strategic tasks. Schedule your free phone consultation today to learn how your organization can benefit from our services. 

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