Source: Littler
Authors: Michael J. Lotito, Jim Paretti, Maury Baskin, David Goldstein, Brad Hammock, S. Libby Henninger, Jorge Lopez, Kevin Burke, Brenda Canale, Tessa Gelbman, Shireen Karcutskie, and Elizabeth Whiting
Published: November 2020
CLICK HERE to read the full WPI Report
Report
Introduction:
Although the
2020 presidential election is technically behind us, razor-thin and contested
elections for the presidency and Congress remain, potentially drawing out the
uncertainty through the new year. As of the date of publication, Joe Biden
appears to have narrowly won the presidency, but President Trump has challenged
the results in several swing states, and is prepared to take the matter to the
Supreme Court. The composition of the Senate—and which party controls the upper
chamber—may not be known for some time. At least two contests remain in
play, as both races in Georgia might be headed for run-off elections in early
January. The only outcome that is clear is that Democrats have maintained
control of the House of Representatives after losing some seats.
There are two
key points to consider as we assess how the election results will affect the
workplace. First, although all current indices point to a Joe Biden win, should
President Trump ultimately prevail, we will issue a separate report explaining
what to expect during his second term. It will come as no surprise that the
candidates’ labor and employment priorities differ appreciably.
Second,
assuming Joe Biden garners sufficient electoral votes to claim the presidency,
whether Democrats gain control of the Senate will be the determinative factor
in predicting what next year will bring for labor and employment.
If Democrats
achieve a political trifecta—i.e., control both chambers and the White
House—President-elect Biden would have more tools at his disposal to pursue his
ambitious workplace agenda. If Democrats do not gain at least
50 Senate seats, a Republican-majority Senate would serve as a check on his
ability to enact laws and make judicial and Cabinet appointments. This may mean
President-elect Biden would have to choose more moderate candidates to fill
leadership roles in his administration. In addition, without full congressional
backing, the Biden administration might have to resort to non-legislative means
to pursue its agenda. In that event, employers could expect the new
administration to turn to executive actions and federal agency regulations to
achieve its goals.
Regardless of
the Senate outcome, the challenge for the new administration will be how to
accomplish a potentially broad workplace regulatory agenda while seeking to
stimulate business efforts to recover from the pandemic-induced recession.
While it is impossible to predict with any degree of certainty what any
administration might do—particularly during these unsettled times—this Report
aims to provide policy makers, employers, employees, trade associations,
academics, and other interested stakeholders with some insight on what a new
president and Congress will mean for the world of work.
For questions
regarding this report etc., kindly contact Philip Berkowitz (PBerkowitz@littler.com).