Legislative goals preempting regulatory activity

Despite the Biden administration's public advocacy of renewed regulation of sectors and businesses that were given a free hand by the prior administration, there has been surprisingly little activity, especially by the U.S. Department of Labor (DOL). One reason may be that the subsuming goal of enacting the core elements of President Joe Biden's legislative agenda is dampening or delaying the aggressive regulation that was expected.

It seems clear that getting the American Relief Plan through Congress engaged all the energies the administration could bring to bear. As a result, nominations were (and continue to be) delayed, regulatory initiatives were deferred, and even court deadlines were challenged. The same pattern is being repeated with respect to the American Jobs Plan (the infrastructure bill) and a number of "social justice"bills now pending in the Senate.

Six weeks ago, the issuance of the Occupational Safety and Health Administration's (OSHA) Emergency Temporary Standard (ETS) was expected by employers, workers, and union leaders, including newly installed Labor Secretary Marty Walsh, but the ETS was delayed. Those initial delays may have altered or even derailed the much-anticipated expression of the new administration's support for workers' rights. Although an ETS in some form is likely to be issued, it will no longer have the breadth or the impact initially contemplated.