A divided Congress in 2023 will make it more difficult, if not impossible, for the Biden administration to move its legislative agenda forward. Given the likelihood of a legislative impasse, the administration will continue to turn its attention from Congress to the federal agencies to achieve its labor and employment agenda. House Republicans, who are expected to be in the majority, will make labor, employment, and workforce development policy issues a key focus of their domestic policy agenda. Senate Democrats will prioritize and continue to approve President Biden’s federal judicial nominees to fill vacancies in the federal courts and at the DOL and EEOC. Federal legislative gridlock and inactivity will give rise to an increased proliferation of state and local activity.

Over the weekend, Senate Democrats defied midterm election historical trends and maintained control of their narrow majority in the Senate. In Nevada, Democratic Senator Catherine Cortez Masto narrowly defeated Republican challenger Adam Laxalt, officially giving Democrats 50 seats in the Senate. Democratic Senator Mark Kelly also held on to his seat in Arizona. This means that the state of Georgia where Democratic Senator Raphael Warnock and Republican Herschel Walker will meet in a runoff on December 6 will not decide Senate control. But the December 6 runoff election is still important because a win would give Democrats an increased majority to 51 seats, rather than the power-sharing agreement...

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