Is the Biden administration anti-business? That’s certainly something to be debated over dinner.
But there’s no debate about one thing: This administration is one of the most pro-worker and pro-regulation administrations in recent memories.
Let’s start with the National Labor Relations Board, or NLRB. Last week, the NLRB established rules related to Representation Case Procedures that are to take effect this December. These rules will allow “ambush elections.”The rules limit a company’s ability to contest an election and narrow its options for communicating its positions to its employees, including having a right to hearings and being allowed more time to prepare and state its case.
“We find ourselves in a ‘hot labor summer’ of strikes at levels not seen in decades, and labor activity in industries historically not interested or involved in labor activity,” attorneys Thomas A. Lenz and Michael R. Watts wrote. “These labor actions inspire employees and unions in even more settings to pursue their goals in ways employers may view as confrontational, but with the protection of the labor laws.
“The new Strategic Plan … emphasizes expanding the EEOC’s capacity to eliminate systemic barriers to equal opportunity in the workplace, using technology and other tools to improve our services to the public, and achieving organizational excellence with a culture of accountability, inclusivity, and accessibility,” said EEOC Chair Charlotte A. Burrows.
Companies that were in existence before Jan. 1, 2024, will have one year to comply with the 330-page set of rules.
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