Since President, Joe Biden intends to establish ambitious labor, immigration, and employment plan, which range from embracing a national $15 per hour minimum wage; to ensure that the progress of racial equity and LGBTQ equality through improved enforcement of workplace discrimination legislation; to enlarging employment-based legislation visas and guest worker programs; to finish contentious asylum policies and modernizing America's immigration system; to repealing the capability of nations to execute right-to-work legislation.

The chance of those and other reforms triggered from the Biden campaign during the election period happening is currently considerably greater in light of the Democrats' successes in the current U.S. Senate run-off races in Georgia, which procured the celebration of a 50/50 split Senate -- together with Vice President Kamala Harris with the tiebreaking vote. Beyond Congressional actions, however, Biden's new schedule is going to be crafted and innovative throughout the President's cabinet picks and bureau appointees, his issuance of Executive Orders as well as his seizure of Trump Executive Orders. A number of those actions could be obtained daily, though some might just start to take root through Biden's first year in office. The following is a list of what labor, immigration, and employment change companies can count on from the Biden Administration.

LABOR & EMPLOYMENT

Wage and Hour

• Changes to Independent Contractor Test -- During his campaign for President,'' Biden advocated for job standing for"gig market" employees, highlighting that the misclassification of gig employees as independent contractors prevents them from getting many legal benefits and protections. In doing this, Biden has encouraged using a three-prong"ABC evaluation" to distinguish employees from independent contractors, which supposes a worker is an employee rather than an independent contractor unless three variables are fulfilled: (1) the employee is free from the control and management of their employer in doing work (both independently and in fact ); (2) the employee performs work beyond the regular course of their employer's company; also (3) the employee is customarily engaged in an independently established business or commerce in the identical character as the job is done. 
• By comparison, the Trump Administration's U.S. Department of Labor (DOL) issued the last rule on January 7, 2021, highlighting the"economic realities" test, wherein the main issue is if a person is economically determined by somebody else's company (a worker ) or is basically in business for himself (an independent contractor). To find out more on the changing rules concerning the (mis)classification of individual contractors, read our latest alert to the topic here.
• Rejection of Trump's Proposed Joint Employer Test -- The Biden-Harris effort promised a probable withdrawal of this rule which was suggested by the DOL in 2019, which could narrow the benchmark by which a corporation may be termed a"joint employer" of a worker to establish accountability. The Biden Administration probably will reestablish the Obama-era advice -- that possibly makes more companies accountable for failures by contractors or franchisees to cover overtime or minimum salary -- and Biden's DOL can move almost instantly to thwart the Trump principle simply by opting to not defend it.
• Minimum Wage Increase -- As Vice President,'' Biden formerly called for a $15 a hour national minimum wage and, as President, is very likely to encourage additional efforts to boost the national minimum. When many states and cities have established greater minimum wage rates compared to the present national minimum of $7.25 per hour, a national minimum wage of $15 an hour could specify a new"floor" for companies in most authorities. (Reminder to Virginia companies -- that the Commonwealth's minimum wage rises from $7.25 to $9.50 on May 1, 2021, barring any extra delays by its legislators.) Biden also has signaled he will want to get rid of the low minimum wage for tipped workers (i.e., the"tip credit") and also to terminate the exclusion to the present minimum wage criteria for specific domestic and farmworkers.

Employment Discrimination

• To direct the civil rights department, Biden chose Kristen Clarke, a civil rights lawyer and advocate. All these nominees reiterate Biden's position said during his campaign he believes equivalent protection under the law, irrespective of the race to be crucial. Additionally, the U.S. Equal Employment Opportunity Commission (EEOC) is anticipated to highlight discrimination and reevaluate the workplace rights of LGBTQ workers below the Biden Administration. Even though Biden can name a Democrat to direct the EEOC, the recent members that have been appointed by Trump will stay on the Commission before their terms expire or they step.
• Concentrate on Racial Equity -- At the Biden, Plan to Build Back Better by Advancing Racial Equity Throughout the American Economy strategy, Biden explains how his strategy to"build back better" will need"rooting out discrimination at the office so people can make what they deserve, support their families, and build wealth." [iii] In his strategy, President Biden has dedicated to narrowing the historical wealth gaps disproportionately affecting Brown and Black Americans, and also to challenge discriminatory pay practices. He will do it to strengthen the capability of workers to challenge discriminatory pay practices and to hold companies accountable.
• Additionally, consistent with President Biden's campaign claims to strengthen equal employment opportunities, he's promised to act fast to overturn President Trump's contentious Executive Order 13950, "Combatting Race and Gender Stereotyping." Trump's Executive Order, discussed in detail in our September 28, 2020, watchful, prohibits federal contractors and subcontractors from holding office training which"inculcate" any kind of race or gender stereotyping or any kind of sex or race to scapegoat" -- a wide prohibition that's sharp criticism for basically destroys diversity training which talk systemic racism or which involve the idea of white privilege.

Organized Labor

Walsh, a longtime labor advocate, and former union leader will triumph former company employment lawyer Eugene Scalia, whom labor unions have regularly criticized for being overly pro-employer. Walsh's nomination was applauded by labor and worker-safety urges and signs Biden's aim to provide employees' interests a prime seat in his policymaking table.

The First 100 Days

As is stated above, important immigration legislation changes are most likely to affect companies in 2021, mostly through the President's cabinet selections and bureau appointees, and throughout the issuance of executive orders. Examples of these modifications are as follows:

• Expansion of Legal Immigration -- President Biden declared plans to ask Congress promptly to offer you a path to legal status for millions of undocumented immigrants, even reform the present program for temporary seasonal employees, and expand legal immigration. In this aspect, the Biden Plan says that he"will encourage expanding the amount of high-skilled visas and removing the limitations on employment-based visas by state, which make unacceptably long backlogs." Biden also has vowed to make a roadmap for undocumented immigrants to attain legal status and, finally, citizenship should they enroll, are up-to-date on taxation, and pass a background test. The precise details of how this will be achieved remain to be viewed and will probably be hotly debated, and, more importantly, these goals likely are also postponed from the COVID-19 pandemic. It's uncertain how the term will affect the rollback of these constraints nevertheless, Biden will likely leave in place the pandemic-related travel limitations while rescinding additional Trump visa proclamations.
• Reversal of this Public Charge Rule -- The Biden Plan specifically refers to the change of this public rule. According to Biden, doing this will end the practice by which immigration officials create somebody's capability to get a visa or obtain permanent residency" based in their usage of government services like SNAP gains or Medicaid, their family income, along with other discriminatory criteria..."
• Ongoing Delays resulting from the COVID-19 Pandemic will Continue -- Notwithstanding President Biden's inauguration, 1 certainty is that consular closures and protracted delays will persist unless and until the COVID-19 pandemic eases or subsides.

Conclusion

In conclusion, from President Biden's first few days in office, companies must anticipate swift reversals of several of President Trump's Executive Orders, and they ought to plan for various legislative and administrative reforms in the longer-term which mostly will prefer the interests of workers. With the help of skilled legal counsel, companies must be ready for these forthcoming changes -- that may signal a significant and instantaneous change in U.S. labor, immigration and employment policy.