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Tuesday, April 7, 2026

4 Employer Takeaways – and Predictions – from Biden's State of the Union Address - Fisher Phillips

During the first State of the Union address with both houses of Congress present since the pandemic began, President Biden made brief references to his ambitious workplace law agenda, touching on several labor and employment topics that he has prioritized over the past year. But given the Democrat’s razor-thin Senate majority, the chilling effect of several moderate Democratic senators who have blunted several of his grander plans, and the possible evaporation of congressional control with the upcoming midterm elections – not to mention the crises at home and abroad that will occupy his attention – how realistic are these proposals? This Insight will review the four most significant labor and employment initiatives raised by the president during the State of the Union (SOTU) address, along with our predictions assessing the likelihood of their coming to fruition.

  1. Pay Equity and “Paycheck Fairness”

    The president called on Congress to pass the Paycheck Fairness Act, which would require the EEOC to draft regulations that would require employers to produce compensation data to the government. Presumably this would lead to a scenario similar to the infamous “EEO-1 Component 2 reports” we saw several years ago before they were axed by the Trump administration. Further, the Act would amend federal wage and hour law to (1) restrict the use of the “factor other than sex” defense to wage discrimination claims to “bona fide, job-related factors,” (2) enhance non-retaliation...



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