In its first week, the Biden Administration has undone (or paused) many of the previous administration’s actions. In just the first three days, President Biden signed 30 executive orders, actions, and memoranda, which CNN lists here. A few highlights from the past week:
- President Biden Overturns Trump's EO: President Biden issued an Executive Order On Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, which implements actions aimed at promoting equity. The EO also revokes Trump's EO 13950: Combatting Race and Sex Stereotyping, which prohibited training on "divisive concepts."
- President Biden freezes regulatory action pending review, revokes prior EOs, seeks regulatory modernization: Wolters Kluwer CCH discusses three executive actions, which imposed a regulatory freeze of rules pending review, revoked several prior executive orders, and took steps to modernize the regulatory review process. At President Biden's direction, Chief of Staff Ronald Klain took steps to ensure that the President's appointees or designees have the opportunity to review any new or pending rules. Read more.
- Unemployment: President Biden released a Fact Sheet on new executive actions, one of which asked the U.S. Department of Labor (“DOL”) to consider clarifying that workers who refuse unsafe working conditions can still receive unemployment insurance.
- FLSA Opinion Letters Withdrawn: On January 26, the DOL withdrew three recently issued FLSA opinion letters, stating that they were "issued prematurely because they are based on rules that have not gone into effect" (i.e., the independent contractor rule and the tip pool rule). The following opinion letters have been withdrawn:
- FLSA2021-4: Addressing whether a restaurant may institute a tip pool under the FLSA that includes both servers, for whom the employer takes a tip credit, as well as hosts and hostesses, for whom a tip credit is not taken.
- FLSA2021-8: Addressing whether certain distributors of a manufacturer's food products are employees or independent contractors under the FLSA.
- FLSA2021-9: Addressing whether requiring tractor-trailer truck drivers to implement safety measures required by law constitutes control by the motor carrier for purposes of their status as employees or independent contractors under the FLSA, and whether certain owner-operators are properly classified as independent contractors.