“Georgia On [Manufacturers’] Minds”

Robinson+Cole Manufacturing Law Blog

Regular readers of this blog know that I have been cautioning manufacturers about what I expect will become a significant “snap back” in federal workplace regulations because of Joe Biden’s election as president.  It may be time to consider the changes which may lay ahead.

During his first term, President Biden will be able to appoint a majority of the National Labor Relations Board (Chairman Ring’s term ends in 2022, Member Emanuel’s term ends in 2021, and there is a current vacancy) and its “top cop” (General Counsel Robb’s term ends in 2021).  President Biden will also be able to appoint a majority of EEOC Commissioners (Chair Dhillon’s term ends in 2022, Commissioners Samuels and Burrows terms end in 2021 and 2023 respectively, with Vice Chair Sonderling’s term ends in July 2024) and the General Counsel (whose term ends in 2023).  And let’s not forget the United States Department of Labor, with Senator Bernie Sanders making an overt pitch to become the next Secretary of Labor.

Of course, all this puts Georgia in the spotlight.  It appears the two United States Senate runoff campaign will determine whether the Senate ends up in the hands of the Biden Administration or whether the GOP can stop extreme candidates from being placed at these key agencies.  Some people (and I confess to being one of them) believe that extremes in either direction negatively impact business.  The “back-and-forth” from one administration to another make it difficult to plan over the long term.

As we come into our year-end, all eyes will be fixed on Georgia.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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