Policy Matters

Often, what happens in California is a good bellwether for what could happen in the policy space on a federal level. And we believe worker classification is no different.

In this episode, Seyfarth Counsel Scott Mallery and Seyfarth Partner Eric Lloyd provide an overview of where the law on misclassification at the federal level stands today, the background and impact of AB 5 and AB 2257 in California, and insight into what we might see down the road from the Department of Labor, now under the Biden Administration.

The House of Representatives impeached Donald Trump for the second time on January 13, 2021, one week before his term expired. The adopted article of impeachment, "incitement of insurrection," alleged that Trump incited the storming of the United States Capitol on January 6, and referenced his January 2 phone call with Georgia Secretary of State Brad Raffensperger seeking to find votes to overturn the results of the 2020 presidential election.

In this episode, we discuss the impact of Trump’s impeachment on the implementation of President Biden’s policy priorities and identify what’s on the horizon for the Biden-Harris Administration.

In this episode, Scott Hecker, Senior Counsel in the Labor and Employment department of Seyfarth’s Washington, DC office, discusses new Labor Secretary nominee, Boston Mayor Marty Walsh.

With the Democratic sweep of the Georgia runoff elections, and his election victory now certified by Congress, President-elect Joe Biden named Mayor Walsh as his nominee for Secretary of Labor. The next Labor Secretary may have an outsized role, especially early in a Biden-Harris Administration, with challenging issues like an the COVID-19 pandemic, high unemployment rates, a recession, a stagnant federal minimum wage, and morale erosion at the Department dominating his to-do list.

The recent victories in Georgia by Democratic Senate candidates Jon Ossoff and the Rev. Raphael Warnock suggest an easier path for President-elect Joe Biden to enact his agenda. Following an unprecedented day in American political history, Scott Mallery, Counsel in Sacramento, and Scott Hecker, Senior Counsel in Washington, DC, touch on the events of the last 24 hours before turning to a discussion on the impact of the Senate flip and offering their insights on what we might see next. Topics discussed include:

· The 50/50 split in the Senate, with Vice President-Elect Kamala Harris serving as the potential tie-breaking vote

· Increase to the velocity of change with regards to the Biden agenda

· COVID Relief

· Committee chairs and “Personnel As Policy”

In a Biden-Harris Occupational Safety and Health Administration, we will see increased enforcement and regulation. Publicity as deterrence will make its triumphant return. Employers should be prepared for not only an enhanced COVID-19 response, but also activities in other OSHA areas (e.g., recordkeeping, workplace violence, heat stress). In episode 2, Scott Hecker, Senior Counsel in Washington, DC, discusses the following:

• How possible OSHA leadership positions can affect administration and agency outcomes

• Development of an Emergency COVID-19 standard

• Other enforcement and regulatory priorities that could impact unemployment rates, emergency leave administration and enforcement, and future political nominations

We kick off our multipart series with a discussion on the special election taking place in Georgia right now and the potentially critical labor and employment topics related to the presidential transition. In episode 1, Leon Rodriguez, partner in the Washington, DC office, and Scott Mallery, counsel in Sacramento, cover:

• The special election in Georgia and the difference the results can have in February and beyond

• What the Executive Branch can do if Democrats lose in Georgia

• What employment and immigration changes to expect early in Biden’s administration