Biden Administration Pursues Labor Goals From All Angles, Despite Hiccups, With No Sign of Slowing Down. With the PRO Act stalled in the Senate and unlikely to pass in anything close to its existing form, the Biden Administration has come up with several creative ways to advance its labor policy goals, including via federal agency actions, inserting provisions of the PRO Act into otherwise non-controversial legislation, and by issuing executive orders. Below are just some examples of the Biden Administration’s efforts.
Last September, the SEC dipped its toes into the deep pool of investigating employee allegations of sexual harassment, misconduct, and workplace discrimination, traditionally a purview of the EEOC. The SEC has justified such investigations by pointing to potential inaccuracies and omissions on disclosures to investors regarding issues relating to workplace misconduct and discrimination, but the SEC rarely takes on these types of investigations.
As we reported here and as Seyfarth discussed in more detail in a recent blog post, on February 4th, President Biden signed an executive order requiring project labor agreements (PLAs) in federal construction projects over $35 million. The executive order does not require construction companies to unionize, but it does bind contractors’ employees to the terms of a PLA, which must contain guarantees against strikes, lockouts, and similar job disruptions, binding procedures for resolving labor disputes and mechanisms...
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https://www.jdsupra.com/legalnews/policy-matters-newsletter-march-2022-7187190/