In November, we forecasted potential significant changes to labor and employment law under a Biden presidency. Underlying our analysis was the assumption that it looked unlikely that Democrats would control the Senate, so changes would occur primarily through agency action and the executive branch’s ability to set rules for federal contractors.

But 2020 was nothing if not unpredictable. The election of Democratic Sens. Raphael Warnock and Jon Ossoff in early January 2021 created a 50-50 party split in the Senate and gave Democrats a potential majority by virtue of Vice President Kamala Harris’ tiebreaking vote.

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