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Part one of this two-part series covered changes to U.S. labor law policies that employers can expect to see with the new administration. Part two is a brief summary of the most prevalent issues in current labor law and their likely disposition under a new Biden administration and National Labor Relations Board (NLRB).
1. Board Jurisdiction
The Board itself will act to reassert jurisdiction over student/employees at colleges and universities. While this is an issue that has changed several times, the current decisional authority is from 2016 (
Columbia University) and finds these students to be employees with organizing rights; but the Trump Board has proposed a rule that would find them to be primarily students without organizing rights. Assuming the current Board does not finalize that rule, the Biden Board could withdraw it and continue to follow the