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New administration will bring big changes to DOL

December 2020 employment law letter
Authors: 
Ann Marie Painter, Jill L. Ripke, and Christopher Wilkinson, Perkins Coie LLP

The U.S. Department of Labor (DOL) will see significant changes under a Biden administration. The nature and degree of the changes, however, will depend heavily on how President-elect Joe Biden fills senior roles not only at the agency but also in the White House’s domestic policy counsel. Nonetheless, many changes will take time because rescinding regulations and putting new policies in place are huge tasks for any administration.

Independent contractor standards will change

The DOL’s Wage and Hour Division (WHD) will receive special attention. The top goal will be to pull back the current administration’s independent contractor rule proposed by the division in September and set to go final by the end of the year. The interpretation has been seen as employer-friendly, and the new administration will look to make the test harder for employers to designate workers as independent contractors. While the current administration’s rule may clear the internal rulemaking process before inauguration day, a Biden administration will have several tools to rescind or weaken its reach.

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