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Labor and Employment Law Update: What to Expect under the Biden Administration

Streams live on Thursday, January 21, 2021 at 03:00pm EST

$ 99 Labor & Employment and Election, Campaign, & Political In Stock

Course Information

Time 90 Minutes
Difficulty Intermediate

Course Description

Presented by Susan Gross Sholinsky, Kevin R. Vozzo, and Corey P. Argust of Epstein Becker Green, this program will benefit In-House Counsel, Labor & Employment Lawyers, Labor Relations Specialists, Human Resources Practitioners, and others charged with overseeing the engagement of independent contractors, managing labor relations, and/or ensuring compliance with equal employment opportunity laws, rules, and regulations.

In the first part of the program, the presenters will provide an overview of the Trump administration’s approach to worker classification, and address how the federal government’s approach could change under the Biden administration, including with respect to the specific tests and factors used to differentiate between independent contractors and employees under federal law.  The presenters will also discuss “best practices” for mitigating risk in this area.

In the second part of the program, the presenters will address potential changes that the Biden administration may make to national labor policy.  In addition, the presenters will explore what steps the National Labor Relations Board might take to secure greater protections for workers, and to increase union membership and activity in the workplace, through potential rulemaking, policy changes, and reversal of recent Board decisions.

Finally, the presenters will discuss the extent to which employers should anticipate changes to the federal government’s approach to equal employment opportunity and compliance issues, including respect to the Equal Employment Opportunity Commission’s enforcement priorities moving forward.

Learning Objectives:

  1. Review the federal government’s approach to worker classification, labor relations, and equal employment opportunity and compliance issues under the Trump administration, and recent updates in these areas
  2. Explore how the federal government’s approach to these issues could change under the Biden administration
  3. Identify ways to mitigate risk stemming from a potential increase in pro-worker and pro-labor rulemaking and enforcement
  4. Identify “best practices” to promote compliance in the workplace


Susan Gross Sholinsky

Epstein Becker & Green, P.C.

SUSAN GROSS SHOLINSKY is a Member of Epstein Becker Green in the Employment, Labor & Workforce Management practice. She counsels clients on a variety of matters, in a practical and straightforward manner, with an eye toward reducing the possibility of employment-related claims.

Ms. Sholinsky:

  • Advises employers in all facets of the employment relationship, from pre-employment considerations and hiring to terminations and post-employment restrictions
  • Develops and audits employers' policies and procedures to ensure compliance with applicable federal, state, and local law and best practices
  • Counsels employers with respect to the avoidance of employment-related disputes, employee discipline, leaves of absence, accommodation requests, and termination of employment (including voluntary and involuntary reductions in force) Prepares employment, consulting, separation, and non-compete agreementsConducts workplace training seminars for employees, managers, and human resources personnel in a variety of industries
  • Performs company-wide audits pertaining to various wage and hour issues, such as appropriate classification of employees as "exempt" or "non-exempt" under the Fair Labor Standards Act and state wage-hour laws
  • Counsels multinational companies on the unique labor and employment law issues they face
  • Promotes compliance with EEO laws and other statutes governing the workplace
  • Represents employers in all aspects of labor and employment law, including discrimination, wrongful discharge, harassment, and employment contract cases

In 2019, Ms. Sholinsky was recommended by The Legal 500 United States in the area of Workplace and Employment Counseling. 

Ms. Sholinsky serves on the adjunct faculty of the Cornell University School of Industrial and Labor Relations, where she teaches courses concerning human resources and the law. She also frequently speaks at events and webinars on employment law topics and authors numerous publications on employment law issues. Ms. Sholinsky is Vice Chair of the firm’s National Employment, Labor & Workforce Management Steering Committee and Vice Chair of the firm’s Diversity & Professional Development Committee. She is also a member of the firm's Finance Committee and the Executive Committee of the firm's Women's Initiative. Ms. Sholinsky is also comanager and lefty second baseman on the firm's softball team, the EBG Bees.

Kevin R. Vozzo

Epstein Becker & Green, P.C.

KEVIN R. VOZZO is a Member of the Firm in the Employment, Labor & Workforce Management practice, in the Los Angeles and New York offices of Epstein Becker Green.

Mr. Vozzo's experience includes:

  • Representing businesses—ranging from start-up companies to large international corporations—in employment disputes involving, among other things, claims of discrimination, retaliation, harassment, wrongful termination, and wage and hour violations, in federal and state courts and arbitration tribunals, with a focus on class and collective action litigation, and defending clients against claims of independent contractor misclassification
  • Counseling clients on employment law issues in all facets of the employment relationship
  • Providing advice to clients in various industries, including the transportation, technology, and “gig economy” sectors, on independent contractor classification issues and practices, and drafting independent contractor agreements and related documents

Mr. Vozzo’s accomplishments include:

  • Serving as trial counsel during a bench trial in Los Angeles County Superior Court, resulting in a finding that over 800 service providers were properly classified as independent contractors
  • Successfully opposing a motion for conditional certification in an independent contractor misclassification matter
  • Successfully enforcing arbitration agreements and class action waivers in wage and hour cases
  • Negotiating favorable class and collective action settlements

Before joining Epstein Becker Green, Mr. Vozzo was an attorney at an international law firm devoted to representing management in labor and employment matters.

  • Duke University School of Law (J.D., 2012)
  • Cornell University, School of Industrial and Labor Relations (B.S., 2009)
Bar Admissions
  • New York
  • California
Court Admissions
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Central District of California
  • U.S. District Court, Northern District of California

Corey P. Argust

Epstein Becker & Green, P.C

COREY P. ARGUST is an Associate in the Employment, Labor & Workforce Management practice, in the New York office of Epstein Becker Green. He provides strategic advice to, and litigates on behalf of, employers.

Mr. Argust’s experience includes:

  • Advising on compliance with the requirements of the NLRA, FMLA, ADA, ADEA, FLSA, WARN Act, OSHA, Title VII, and federal and state wage and hour laws
  • Counseling clients on all aspects of employee hiring, termination, promotion, and reductions in force
  • Preparing employee handbooks, management policies, and compliant paid-time-off policies for employers with nationwide workforces
  • Drafting, reviewing, and revising employment, severance, non-disclosure, and non-compete agreements, and counseling clients on compliance with such agreements
  • Representing clients in collective bargaining, labor arbitration, unfair labor practice, and representation proceedings before the NLRB, and advising clients on responses to union organization campaigns
  • Representing employers in all stages of investigations before the NLRB, DOL, EEOC, and state and local fair employment practices agencies
  • Litigating a wide range of employment matters, including allegations of discrimination and retaliation under the ADEA, Equal Pay Act, ADA, and Title VII, and wage and hour violations
  • Advising on the intricacies of the Service Contract Act, having worked extensively with government contractors

Before joining Epstein Becker Green, Mr. Argust was a labor and employment attorney at a national law firm. He previously represented management in the public sector as an Assistant Attorney General, Personnel and Labor Relations Section, in the Office of the Attorney General for the District of Columbia.

Select Representative Experience

  • Led collective bargaining agreement (CBA) negotiations for a government contractor that resulted in a new comprehensive CBA, while simultaneously defending the client against multiple unfair labor practice allegations
  • Served as lead negotiator for a client in collective bargaining for the renegotiation of five separate CBAs, which involved changes to wages, leave, health insurance coverage, and other benefits
  • Represented a transportation services company facing 13 unfair labor practice charges filed with the NLRB
  • Negotiated the settlement of a sexual harassment claim against a CEO in an EEOC mediation for less than one-third of the employee’s initial settlement demand
  • Negotiated a staffing agency’s settlement of wage and hour violations in a mediation with the DOL
  • Regularly negotiates settlements of back wage assessments against clients resulting from DOL investigations
  • Defended a program management firm against a former employee’s wage claim for an unpaid retention bonus
  • Counseled, on a pro-bono basis, a nonprofit company on employment matters, and drafted employee handbooks
  • Regularly assesses the risk of organizing at hospitality properties, and counsels management on effective labor relations strategies
  • Georgetown University Law Center (J.D., 2011)
    • Articles Editor, American Criminal Law Review
  • Binghamton University, State University of New York (B.A., cum laude, 2008)
Bar Admissions
  • District of Columbia
  • New York