Executive Orders and Memorandums

More stories

  • 150 Shares149 Views

    in Economy

    A Planned Biden Order Aims to Tilt the Job Market Toward Workers

    by

    Noncompete clauses, licensing requirements and corporate mergers have tended to strengthen the hand of business.Hair salon employees can have onerous licensing requirements that vary from state to state. Some barbers have also encountered noncompete agreements.Annie Tritt for The New York TimesAccording to an increasingly influential school of thought in left-of-center economic circles, corporate mergers and some other common business practices have made American workers worse off. The government, this theory holds, should address it.It appears that school has a particularly powerful student: President Biden.This week, the White House is planning to release an executive order focused on competition policy. People familiar with the order say one section has several provisions aimed at increasing competition in the labor market.The order will encourage the Federal Trade Commission to ban or limit noncompete agreements, which employers have increasingly used in recent years to try to hamper workers’ ability to quit for a better job. It encourages the F.T.C. to ban “unnecessary” occupational licensing restrictions, which can make finding new work harder, especially across state lines. And it encourages the F.T.C. and Justice Department to further restrict the ability of employers to share information on worker pay in ways that might amount to collusion.More broadly, the executive order encourages antitrust regulators to consider how mergers might contribute to so-called monopsony — conditions in which workers have few choices of where to work and therefore lack leverage to negotiate higher wages or better benefits.The order will depend on the ability of regulators to carry out the rules the White House seeks and to write them in ways that survive legal challenges. And many of the policies that labor economists see as problematic, including licensing requirements, are set at the state level, leaving a limited federal role.Still, the planned order is the most concerted effort in recent times to use the power of the federal government to tilt the playing field toward workers. It builds on years of research that has made its way from the intellectual fringes to the mainstream.“It’s increasingly appreciated that lack of competition has held down wages and that there’s a lot of scope for government to improve that,” said Jason Furman, who was chairman of the White House Council of Economic Advisers in the Obama administration’s second term. “I don’t think addressing competition issues will miraculously transform inequality in this country, but it will help. The government should be on your side when it comes to wages.”The council published research on these themes toward the end of the Obama presidency, but concrete policy steps were more limited than those the Biden administration is planning to seek. As vice president, Mr. Furman recalled, Mr. Biden was particularly energized by issues around wage collusion and noncompete agreements.Even with backing from the White House, a meaningful gap remains between what academics who study the labor market are finding and the laws governing the relationship between companies and their workers.Ioana Marinescu, an economist at the University of Pennsylvania, analyzed data on 8,000 specific labor markets with two co-authors and found that when a job market was heavily concentrated among a few employers, it resulted in a 5 percent to 17 percent decline in wages.But she said regulators tend to be wary of trying to block a merger on the grounds of its potential labor market impact because of a lack of legal precedent.“Legally we’re on firm ground, but it may or may not be seen that way by some particular judge who has this on their desk,” Professor Marinescu said. “That creates a risk for the agency that doesn’t like the idea they might lose a case.”She said that having pressure from the White House to pursue those legal theories would help, but that congressional legislation explicitly charging antitrust regulators with focusing on labor market conditions would help more.There has been some bipartisan discussion on Capitol Hill about reining in noncompete agreements, particularly after the emergence of some outrage-stoking stories. (Sandwich shops and hair salons contractually barred workers from going to a competitor, for example.) These disputes tend to pit incumbent businesses — who don’t want their workers to be able to quit with potentially valuable information — against start-ups who want more ability to hire people at will.Occupational licensing is also an area with potential for bipartisan agreement, uniting those who want more widespread labor market opportunity with those opposed to excessive regulation. Many more jobs require occupational licenses than in decades past, and typically a license in one state is not easily transferable to another, potentially limiting workers’ ability to move to places where they can earn more. This is particularly problematic for military families, who typically have no choice but to move regularly.Still, there are potential negative effects with the Biden approach. By creating a barrier to entry for workers entering a field, licensing may also keep wages higher for existing workers in those jobs, meaning some people may stand to lose if requirements are revoked. Moreover, research by Peter Q. Blair of Harvard and Bobby Chung of the University of Illinois suggests that women and racial minorities experience less of a pay gap in fields that involve occupational licenses.Put it all together, and the Biden administration’s push for a more competitive, less corporation-friendly labor market is decidedly not a set of magic-bullet policies that will suddenly give workers more market power overnight.Rather, it’s part of a set of policies — other aspects of the president’s agenda very much among them — that over time would nudge the balance of power away from the prevailing order of most of the last 40 years. More

  • 125 Shares99 Views

    in Economy

    Biden to Order a $15 Minimum Wage for Federal Contractors

    by

    President Biden plans to sign an executive order on Tuesday raising the minimum wage paid by federal contractors to $15 an hour, the latest in a set of ambitious pro-labor moves at the outset of his administration.The new minimum is expected to take effect next year and is likely to affect hundreds of thousands of workers, according to a White House document. The current minimum is $10.95 under an order that President Barack Obama signed in 2014. Like that order, the new one will require that the new minimum wage rise with inflation.White House economists believed the increase would not lead to significant job losses, a finding in line with recent research on the minimum wage, and that it was unlikely to cost taxpayers more money, two administration officials said in a call with reporters. They argued that the higher wage would lead to greater productivity and lower turnover.The White House also contends that although the number of workers directly affected by the increase is relatively small as a share of the economy, the executive order will indirectly raise wages beyond federal contractors by forcing other employers to bid up pay as they compete for workers.Several cities have a minimum wage of at least $15 an hour, and several states have laws that will raise their minimum wage to at least that level in the coming years. There is so far little evidence on how a $15 minimum wage affects employment in lower-cost areas of such states.Two years ago, the House of Representatives passed a bill to raise the federal minimum wage to $15 an hour by 2025, but the legislation has faced long odds in the Senate. Mr. Biden sought to incorporate such a measure in his $1.9 trillion pandemic relief package so that it could pass on a simple majority vote, but the Senate parliamentarian ruled that it could not be included.Mr. Biden’s executive order will also eliminate the so-called tipped minimum wage for federal contractors, which currently allows employers to pay tipped workers $7.65 an hour as long as their tips put them over the regular minimum wage. Under the new minimum, all workers must be paid at least $15 an hour.The order will technically begin a rule-making process that is expected to conclude by early next year. The wage will be incorporated into new contracts and existing contracts as they are extended. More

  • 138 Shares199 Views

    in Economy

    Amid Shortfalls, Biden Signs Executive Order to Bolster Critical Supply Chains

    by

    #masthead-section-label, #masthead-bar-one { display: none }The Coronavirus OutbreakliveLatest UpdatesMaps and CasesRisk Near YouVaccine RolloutNew Variants TrackerAdvertisementContinue reading the main storySupported byContinue reading the main storyAmid Shortfalls, Biden Signs Executive Order to Bolster Critical Supply ChainsThe order is intended to help insulate the economy from future shortages of critical imported components by making the United States less reliant on foreign supplies.President Biden on Wednesday signed an executive order requiring his administration to review critical supply chains with the aim of bolstering American manufacturing.Credit…Doug Mills/The New York TimesJim Tankersley and Feb. 24, 2021Updated 7:28 p.m. ETWASHINGTON — Automakers have been forced to halt production because of a lack of computer chips. Health care workers battling the coronavirus pandemic had to make do without masks as the United States waited on supplies from China. And pharmaceutical executives worried that supplies of critical drugs could dry up if countries tried to stockpile key ingredients and block exports.Deep disruptions in the global movement of critical goods during the pandemic prompted President Biden on Wednesday to take steps toward reducing the country’s dependence on foreign materials. He issued an executive order requiring his administration to review critical supply chains with the aim of bolstering American manufacturing of semiconductors, pharmaceuticals and other cutting-edge technologies.In remarks at the White House, the president cast the move as an important step toward creating well-paying jobs and making the economy more resilient in the face of geopolitical threats, pandemics and climate change.“This is about making sure the United States can meet every challenge we face in the new era,” he said.But the effort, which has bipartisan support, will do little to immediately resolve global shortages, including in semiconductors — a key component in cars and electronic devices. A lack of those components has forced several major American auto plants to close or scale back production and sent the administration scrambling to appeal to allies like Taiwan for emergency supplies.Administration officials said the order would not offer a quick fix but would start an effort to insulate the American economy from future shortages of critical imported components.Mr. Biden discussed the issue in the Oval Office on Wednesday afternoon with nearly a dozen Republican and Democratic members of Congress. Senator Chuck Schumer, Democrat of New York and the majority leader, called for the crafting and passage of a bill this spring to address supply chain vulnerabilities.“Right now, semiconductor manufacturing is a dangerous weak spot in our economy and in our national security,” Mr. Schumer said. “Our auto industry is facing significant chip shortages. This is a technology the United States created; we ought to be leading the world in it. The same goes for building-out of 5G, the next generation telecommunications network. There is bipartisan interest on both these issues.”Republicans emerged from the White House meeting optimistic that such efforts could soon move forward. Representative Michael McCaul, Republican of Texas, said he was pleased to see that the White House made the issue a top priority and that the president was receptive. “His words were, ‘Look, I’m all in,’” he said.Mr. McCaul said that much of the conversation revolved around legislation that Congress had passed last year to incentivize the chips industry — but which still needs funding for research grants and a refundable investment tax credit — as well as the current chips shortage and possible looming job losses in the auto industry.“China is looking at investing $1 trillion in their digital economy,” Mr. McCaul said. “If we’re going to be competitive, we have to incentivize these companies to manufacture these advanced chips in the United States.”Mr. Biden called the meeting one of the best of his presidency so far. “It was like the old days,” he said. “People were actually on the same page.”A global semiconductor shortage has led to production delays for American automakers.Credit…Mohamed Sadek for The New York TimesThe president ordered yearlong reviews of six sectors and a 100-day review of four classes of products where American manufacturers rely on imports: semiconductors, high-capacity batteries, pharmaceuticals and their active ingredients, and critical minerals and strategic materials, like rare earths.The Coronavirus Outbreak More

  • 125 Shares179 Views

    in Economy

    Biden Tells OSHA to Issue New Covid-19 Guidance to Employers

    by

    #masthead-section-label, #masthead-bar-one { display: none }The Biden AdministrationliveLatest UpdatesBiden Takes OfficePandemic Response17 Executive Orders SignedAdvertisementContinue reading the main storySupported byContinue reading the main storyBiden Tells OSHA to Issue New Covid-19 Guidance to EmployersUnions, which largely support the new president, had complained that the Trump administration did little to protect workers from the coronavirus.Carolina Sanchez, left, whose husband died after contracting Covid-19 while working at a meatpacking plant, is comforted at a protest outside the Occupational Safety and Health Administration office in Denver last September.Credit…David Zalubowski/Associated PressJan. 21, 2021Updated 6:37 p.m. ETPresident Biden directed the Occupational Safety and Health Administration on Thursday to release new guidance to employers on protecting workers from Covid-19.In one of 10 executive orders that he signed Thursday, the president asked the agency to step up enforcement of existing rules to help stop the spread of the coronavirus in the workplace and to explore issuing a new rule requiring employers to take additional precautions.The other executive orders also relate to the pandemic, including orders directing federal agencies to issue guidance for the reopening of schools and to use their powers to accelerate the production of protective equipment and expand access to testing.Critics accused OSHA, which is part of the Labor Department, of weak oversight under former President Donald J. Trump, especially in the last year, when it relaxed record-keeping and reporting requirements related to Covid-19 cases.Under Mr. Trump, the agency also announced that it would mostly refrain from inspecting workplaces outside of a few high-risk industries like health care and emergency response. And critics complained that its appetite for fining employers was limited. Mr. Biden’s executive order urges the agency to target “the worst violators,” according to a White House fact sheet.Union officials and labor advocacy groups have long pleaded with the agency to issue a rule, known as an emergency temporary standard, laying out steps that employers must take to protect workers from the coronavirus. The agency declined to do so under Mr. Trump, but Mr. Biden supported the approach during the campaign.“We talked about a national standardized strategy for working men and women in this country to function under this cloud of the pandemic,” Rory Gamble, the president of the United Automobile Workers union, said after a meeting with Mr. Biden in mid-November. “He indicated he would do whatever it took.”OSHA’s oversight of the meatpacking industry under Mr. Trump attracted particular scrutiny from labor groups and scholars. A study published in the fall in the Proceedings of the National Academy of Sciences connected between 236,000 and 310,000 Covid-19 cases to livestock processing plants through late July, or between 6 percent and 8 percent of the national total at that point.That figure is roughly 50 times the 0.15 percent of the U.S. population that works in meatpacking plants, according to the study, suggesting that the industry played an outsized role in spreading the illness.The study found that a majority of the Covid-19 cases linked to meatpacking plants had likely originated in the plants and then spread through surrounding communities.The Biden AdministrationLive UpdatesUpdated Jan. 21, 2021, 7:22 p.m. ETFauci offers reassurances on vaccines, but warns that virus variants pose a risk.Biden is invoking the Defense Production Act. Here’s what that means.The No. 2 official at the F.B.I. is departing.Despite the problems identified by the study, the Trump administration did not include meatpacking plants in the category of workplaces that OSHA should regularly inspect. Only a small fraction of the roughly $4 million in coronavirus-related penalties that the agency proposed under Mr. Trump targeted the industry. Fines for any given plant were generally below $30,000.The Labor Department under Mr. Trump said it had assessed the maximum fines allowed under the law. But former OSHA officials have said that the agency can impose bigger fines by citing facilities for multiple violations, which could raise proposed penalties to over $100,000.Even when it did inspect meatpacking plants and propose fines, OSHA rarely required these employers to place workers six feet apart, the distance recommended by its own guidance.During a court case involving a plant in Pennsylvania whose workers complained last year that they were in imminent danger because of the risk of infection, OSHA wrote in a letter on Jan. 12 that it was OK with spacing at the plant, even though some workers were spaced less than six feet apart. Separately, union officials at two other plants where OSHA issued citations said workers continued to stand close to one another after the citations.Debbie Berkowitz, a senior OSHA official during the Obama administration who is now at the National Employment Law Project, a worker advocacy group, said she expected the Biden administration to issue a rule requiring meatpacking facilities to space workers six feet apart and mandating other safety measures, such as providing high-quality masks and improving ventilation and sanitation at their facilities.“OSHA had been sidelined under Trump,” said Ms. Berkowitz. “This is a signal they’re going to play a significant role in mitigating the spread of Covid-19,” she added, alluding to Mr. Biden’s executive order.The Biden administration is likely to revisit a wide variety of labor and employment issues from the Trump era, including a rule that would make it harder for employees of franchises and contractors to recover wages that were improperly withheld from them, and another rule that would likely classify Uber drivers and other gig workers as contractors rather than employees.On Wednesday, the new administration fired the general counsel of the National Labor Relations Board, a Senate-confirmed official who has wide latitude over which labor law violations the board pursues. The official, Peter B. Robb, was appointed by Mr. Trump and clashed frequently with unions.AdvertisementContinue reading the main story More

  • 125 Shares199 Views

    in Economy

    The Business Rules the Trump Administration Is Racing to Finish

    by

    #masthead-section-label, #masthead-bar-one { display: none }The Presidential TransitionLatest UpdatesHouse Moves to Remove TrumpHow Impeachment Might WorkBiden Focuses on CrisesCabinet PicksAdvertisementContinue reading the main storySupported byContinue reading the main storyThe Business Rules the Trump Administration Is Racing to FinishFrom tariffs and trade to the status of Uber drivers, regulators are trying to install new rules or reduce regulations before President-elect Joe Biden takes over.President Trump is rushing to put into effect new economic regulations and executive orders before his term comes to a close.Credit…Erin Schaff/The New York TimesJan. 11, 2021, 3:00 a.m. ETIn the remaining days of his administration, President Trump is rushing to put into effect a raft of new regulations and executive orders that are intended to put his stamp on business, trade and the economy.Previous presidents in their final term have used the period between the election and the inauguration to take last-minute actions to extend and seal their agendas. Some of the changes are clearly aimed at making it harder, at least for a time, for the next administration to pursue its goals.Of course, President-elect Joseph R. Biden Jr. could issue new executive orders to overturn Mr. Trump’s. And Democrats in Congress, who will control the House and the Senate, could use the Congressional Review Act to quickly reverse regulatory actions from as far back as late August.Here are some of the things that Mr. Trump and his appointees have done or are trying to do before Mr. Biden’s inauguration on Jan. 20. — Peter EavisProhibiting Chinese apps and other products. Mr. Trump signed an executive order on Tuesday banning transactions with eight Chinese software applications, including Alipay. It was the latest escalation of the president’s economic war with China. Details and the start of the ban will fall to Mr. Biden, who could decide not to follow through on the idea. Separately, the Trump administration has also banned the import of some cotton from the Xinjiang region, where China has detained vast numbers of people who are members of ethnic minorities and forced them to work in fields and factories. In another move, the administration prohibited several Chinese companies, including the chip maker SMIC and the drone maker DJI, from buying American products. The administration is weighing further restrictions on China in its final days, including adding Alibaba and Tencent to a list of companies with ties to the Chinese military, a designation that would prevent Americans from investing in those businesses. — Ana SwansonDefining gig workers as contractors. The Labor Department on Wednesday released the final version of a rule that could classify millions of workers in industries like construction, cleaning and the gig economy as contractors rather than employees, another step toward endorsing the business practices of companies like Uber and Lyft. — Noam ScheiberTrimming social media’s legal shield. The Trump administration recently filed a petition asking the Federal Communications Commission to narrow its interpretation of a powerful legal shield for social media platforms like Facebook and YouTube. If the commission doesn’t act before Inauguration Day, the matter will land in the desk of whomever Mr. Biden picks to lead the agency. — David McCabeTaking the tech giants to court. The Federal Trade Commission filed an antitrust suit against Facebook in December, two months after the Justice Department sued Google. Mr. Biden’s appointees will have to decide how best to move forward with the cases. — David McCabeAdding new cryptocurrency disclosure requirements. The Treasury Department late last month proposed new reporting requirements that it said were intended to prevent money laundering for certain cryptocurrency transactions. It gave only 15 days — over the holidays — for public comment. Lawmakers and digital currency enthusiasts wrote to the Treasury secretary, Steven Mnuchin, to protest and won a short extension. But opponents of the proposed rule say the process and substance are flawed, arguing that the requirement would hinder innovation, and are likely to challenge it in court. — Ephrat LivniLimiting banks on social and environmental issues. The Office of the Comptroller of the Currency is rushing a proposed rule that would ban banks from not lending to certain kinds of businesses, like those in the fossil fuel industry, on environmental or social grounds. The regulator unveiled the proposal on Nov. 20 and limited the time it would accept comments to six weeks despite the interruptions of the holidays. — Emily FlitterOverhauling rules on banks and underserved communities. The Office of the Comptroller of the Currency is also proposing new guidelines on how banks can measure their activities to get credit for fulfilling their obligations under the Community Reinvestment Act, an anti-redlining law that forces them to do business in poor and minority communities. The agency rewrote some of the rules in May, but other regulators — the Federal Reserve and the Federal Deposit Insurance Corporation — did not sign on. — Emily FlitterInsuring “hot money” deposits. On Dec. 15, the F.D.I.C. expanded the eligibility of brokered deposits for insurance coverage. These deposits are infusions of cash into a bank in exchange for a high interest rate, but are known as “hot money” because the clients can move the deposits from bank to bank for higher returns. Critics say the change could put the insurance fund at risk. F.D.I.C. officials said the new rule was needed to “modernize” the brokered deposits system. — Emily FlitterNarrowing regulatory authority over airlines. The Department of Transportation in December authorized a rule, sought by airlines and travel agents, that limits the department’s authority over the industry by defining what constitutes an unfair and deceptive practice. Consumer groups widely opposed the rule. Airlines argued that the rule would limit regulatory overreach. And the department said the definitions it used were in line with its past practice. — Niraj ChokshiRolling back a light bulb rule. The Department of Energy has moved to block a rule that would phase out incandescent light bulbs, which people and businesses have increasingly been replacing with much more efficient LED and compact fluorescent bulbs. The energy secretary, Dan Brouillette, a former auto industry lobbyist, said in December that the Trump administration did not want to limit consumer choice. The rule had been slated to go into effect on Jan. 1 and was required by a law passed in 2007. — Ivan PennAdvertisementContinue reading the main story More

  • 100 Shares189 Views

    in Economy

    Here Are The 8 Chinese Apps Trump Banned

    by

    AdvertisementContinue reading the main storySupported byContinue reading the main storyTrump Bans Alipay and 7 Other Chinese AppsThe White House took a surprise parting shot at China on Tuesday by banning the popular Chinese payment service and other applications.An executive order signed by President Trump on Tuesday banned the payment apps Alipay and WeChat Pay.Credit…Greg Baker/Agence France-Presse — Getty ImagesJan. 5, 2021, 6:43 p.m. ETWASHINGTON — President Trump on Tuesday signed an executive order prohibiting transactions with eight Chinese software applications, including Alipay, the payment platform owned by Ant Group, and WeChat Pay, which is owned by Tencent.The move, two weeks before the end of Mr. Trump’s term, could help lock in his administration’s harsher stance toward China and is likely to further rankle Beijing.The executive order, issued late Tuesday, will bar any transactions with “persons that develop or control” the apps of Alipay, CamScanner, QQ Wallet, SHAREit, Tencent QQ, VMate, WeChat Pay, and WPS Office and their subsidiaries after a period of 45 days.In the order, the president said that “the pace and pervasiveness of the spread in the United States of certain connected mobile and desktop applications and other software developed or controlled by persons in the People’s Republic of China” continued to threaten American national security. “At this time, action must be taken to address the threat posed by these Chinese connected software applications,” he wrote.The Trump administration has ramped up tariffs and waged a trade war against China in recent years. It has also targeted Chinese-owned social media services, saying they provide a conduit for Chinese espionage and pose a national security risk to the American public. Last fall, the Trump administration issued executive orders banning two other popular Chinese-owned social media services, TikTok and WeChat.But both of those bans have become entangled in litigation, and the services continue to operate in the United States. That raises the question of whether American courts will issue an injunction to stop Mr. Trump’s latest bans on Chinese services as well.In a statement, Wilbur Ross, the commerce secretary, said he had directed his department to begin enacting the orders, “including identifying prohibited transactions related to certain Chinese connected software applications.”“I stand with President Trump’s commitment to protecting the privacy and security of Americans from threats posed by the Chinese Communist Party,” he added.The incoming Biden administration has not clarified whether it will continue to try to enforce Mr. Trump’s bans. Reuters earlier reported the signing.This is a developing story. Check back for updates.AdvertisementContinue reading the main story More

  • 113 Shares109 Views

    in Economy

    How Biden Can Move His Economic Agenda Without Congress

    by

    #masthead-section-label, #masthead-bar-one { display: none }The Presidential TransitionliveLatest UpdatesElectoral College ResultsBiden’s CabinetDefense SecretaryAdvertisementContinue reading the main storySupported byContinue reading the main storyHow Biden Can Move His Economic Agenda Without CongressUnion leaders and policy experts say the next administration could do plenty on behalf of workers through regulation and other powers.President-elect Joseph R. Biden Jr. may be able to achieve his goals on labor policy even without a cooperative Congress.Credit…Hilary Swift for The New York TimesDec. 15, 2020, 9:00 a.m. ETPresident-elect Joseph R. Biden Jr.’s ability to reshape the economy through legislation hinges in large part on the outcome of the two Georgia runoffs in January that will decide control of the Senate. But even without a cooperative Congress, his administration will be able to act on its agenda of raising workers’ standard of living and creating good jobs by taking a series of unilateral actions under existing law.“If you pay attention to what Trump did and go about it from a different viewpoint, you can accomplish a lot,” said Thomas M. Conway, the president of the United Steelworkers union. Much of this work will fall to the incoming labor secretary, whose department has the authority to issue regulations and initiate enforcement actions that could affect millions of workers and billions of dollars in income.Mr. Biden’s labor secretary could substantially expand eligibility for time-and-a-half overtime pay. In 2016, the Obama administration extended that eligibility to salaried workers making less than about $47,500 a year, but a federal court suspended the Obama rule, and President Trump’s Labor Department set the cutoff at roughly $35,500 rather than continue to appeal. The Biden administration could make millions more salaried workers eligible for time-and-a-half overtime pay by reviving or expanding the Obama criterion and defending it in court.The Labor Department will also have an opportunity to fill several monitoring and enforcement positions created under the United States-Mexico-Canada Agreement that are likely to go unfilled during the Trump administration. The accord, a revision of the North American Free Trade Agreement, allows the United States to block imports from facilities in Mexico that curtail workers’ rights to unionize and bargain collectively. Pursued aggressively, the enforcement could help mitigate downward pressure on U.S. manufacturing wages stemming from unfair competition with Mexico.Mr. Biden’s Labor Department is likely to be more assertive in a variety of other enforcement efforts than its predecessor, which ended an Obama-era policy of typically trying to collect double the amount of wages that lawbreaking employers failed to pay workers under minimum-wage or overtime requirements.“Just getting back wages in small amounts doesn’t provide any incentives for companies to comply,” said Catherine Ruckelshaus, general counsel of the National Employment Law Project, which has ties to the Biden transition team. The Biden administration is likely to revive the Obama approach.Revisiting Labor RulesUnion membership, which has dropped to 10 percent of U.S. workers from roughly double that figure in the early 1980s, could receive a significant boost during the Biden administration, which has signaled that it intends to work closely with the labor movement.Under Mr. Biden, the National Labor Relations Board is likely to be far more aggressive in punishing employers that appear to break the law while fighting union campaigns. It can issue a regulation making it easier for the employees of contractors and franchises to hold parent companies accountable for violations of their labor rights, such as firing workers who try to unionize.According to Benjamin I. Sachs, a Harvard Law School professor, the board could also seize on a legal provision that allows the federal government to cede jurisdiction to the states for regulating labor in certain industries. That could enable a state like California or Washington to create an arrangement in which gig workers, with the help of a union, negotiate with companies over wages and benefits on an industrywide basis in that state, a process known as sectoral bargaining.Under such a system, a union would have to show support from a fraction of workers in the industry, such as 15 or 20 percent, to be able to negotiate with multiple gig companies on behalf of all workers. By contrast, under federal law, the union would typically have to win majority support among the workers it sought to represent, a daunting challenge in a high-turnover industry like gig work.Other labor experts, like Wilma B. Liebman, who led the labor board in the Obama administration, affirm that the board can cede its authority to states but are more skeptical that it would do so in the case of gig workers.Helping Home-Care WorkersThe federal government, through its control of the Medicaid program, could accomplish something similar for home-care workers, who usually work independently or for small agencies that have little power to raise pay because states set the rates for their services. The agencies sometimes resist union campaigns aggressively for fear that allowing workers to bargain for higher wages will put them at a competitive disadvantage.A handful of Democratic-leaning states, like Washington, have addressed this issue by allowing workers to bargain with the state for rate increases that effectively apply industrywide, eliminating the downside that a single agency would face if it raised wages unilaterally.The Service Employees International Union, which represents home-care workers across the country, believes that the Biden administration could encourage other states to create such industrywide bargaining arrangements — for example, by making additional money available to states that adopt this approach. Hundreds of thousands of additional home-care workers could benefit.The federal government, under a provision in the Medicaid law that requires states to keep payments high enough to ensure an adequate supply of home-care workers, could also intervene directly to raise wages and benefits for these workers.“We look forward to working with the Biden administration to make changes to the Medicaid program that can turn home-care jobs into good union jobs,” said Mary Kay Henry, the president of the service employees union.The Presidential TransitionLatest UpdatesUpdated Dec. 15, 2020, 6:45 p.m. ETBiden will name Gina McCarthy as the White House’s climate coordinator.Dominion’s C.E.O. defends his firm’s voting machines to Michigan lawmakers, denouncing a ‘reckless disinformation campaign.’Biden will nominate Jennifer Granholm for energy secretary.Using Federal Contract CloutOutside of specific agencies like the Labor Department, the Biden administration will have considerable leverage over the working conditions of the roughly five million workers employed by federal contractors and subcontractors.President Barack Obama signed executive orders raising the minimum wage for these workers to $10.10 an hour and entitling them to at least seven days a year of paid sick leave. Mr. Biden could raise the minimum wage for contractors much further — some are urging $15 an hour — while also mandating that they receive paid family leave and paid vacation days, as proposed by Heidi Shierholz, a senior Labor Department official under Mr. Obama.Mr. Biden could also use the federal government’s buying power to create more domestic manufacturing jobs, a goal he highlighted during the campaign. One approach would be to sign an executive order laying the groundwork for a Buy Clean program of the sort that California introduced in 2017.Under the program, contractors bidding on state infrastructure projects, like steel makers and glassmakers, must adhere to a certain standard for so-called embodied emissions, essentially the amount of carbon emitted when the material is produced, transported and used in construction. Tighter limits tend to favor domestic manufacturers over competitors in countries, like China, that are farther away and where production is often less environmentally friendly.“The incoming administration has broad power to put forth an idea like Buy Clean,” said Mike Williams, deputy director of the BlueGreen Alliance, a coalition of unions and environmental groups. That includes establishing a way to measure emissions and creating a database in which manufacturers are required to disclose them.Promoting Job CreationWhile existing law requires the federal government to favor domestic suppliers in procurement, a variety of waivers allow agencies to award contracts to overseas companies. Mr. Biden noted during the campaign that the Defense Department spent billions on foreign construction contracts in 2018, and he has pledged to close such loopholes.The most aggressive version of this approach would be to revoke a broad waiver that allows agencies to treat purchases from dozens of countries with which the United States has trade relations — including Japan, Mexico and many in Europe — as though they were made in America. Mr. Biden has indicated that he is more likely to try to negotiate new rules with trading partners to address this issue.The Biden administration could also instruct contracting officers to broaden the criteria they use to assess bids. A set of contracting rules laid out in a 1984 law, along with Washington’s growing preoccupation with spending cuts in recent decades, led administrations of both parties to focus on seeking the lowest upfront price.But the Biden administration could elevate value over price — under the same logic that says a $30,000 Cadillac may be a better deal than a $25,000 Ford Focus. The approach would favor companies whose workers are better paid but also better trained and more productive than competitors’.Mr. Biden could set some of these changes in motion through an executive order stating that federal agencies should focus more on quality and working conditions when assessing value. But because executing many of these shifts would be a question of day-to-day management rather than sweeping changes, some policy experts have proposed that the Biden White House create a dedicated office to oversee procurement across the administration.Anastasia Christman, an expert on government contracting at the National Employment Law Project, compares the idea to the White House Office of Faith-Based and Community Initiatives that George W. Bush created in the early 2000s, whose goal was to scour the federal bureaucracy for ways that religious organizations could compete for government funds. In this case, Ms. Christman said, the objective would be to ensure that contracting officers across agencies are using the right criteria in awarding contracts.“It would help contracting offices think differently about how to do the assessment,” Ms. Christman said. “How do you ask right kind of follow-up questions? Why is this bid lower than all others? What is that resting on?”AdvertisementContinue reading the main story More