President Biden Signs “Good Jobs” Executive Order and Calls for “High Labor Standards” Policy Development | Foley & Lardner LLP

On September 6, 2024, President Biden signed the Executive Order (EO) on Investing in America and Investing in American Workers, dubbed the “Good Jobs EO.” At its core, the Good Jobs EO seeks to articulate the standards that make up a modern day “good job” and provides incentives to employers to maintain so-called “high labor standards” — especially via collective bargaining agreements, project labor agreements, or community benefits agreements.

More specifically, the Good Jobs EO calls on agencies selecting projects to receive federal financial assistance (via grants, loans, rebates, etc.) to prioritize projects that advance the Biden Administration’s “Investing in America Agenda.” This includes projects that:

• Provide a clear plan for efficient project delivery by promoting positive labor-management relations;
• Enhance worker productivity by promoting family-sustaining wages;
• Supply critical benefits that promote economic security for workers, such as paid leave (including paid sickness, family, and medical leave); health care; retirement benefits; and child, dependent, and elder care;
• Promote and expand access to and put in place policies that combat discrimination that limits employment in high-quality jobs for workers from underserved communities;
• Strengthen workforce development by expanding worker access to high-quality training and portable credentials that lead to good jobs;
• Promote and protect worker health and safety through policies that encourage supplemental safety training, worker and union participation in the design and implementation of workplace safety and health management systems, and disclosure of occupational safety and health violations.

In addition, the Good Jobs EO encourages agencies to enact specific standards to apply to their grant programs and suggests agencies both prioritize applicants who employ project labor agreements in funding opportunities and also issue guidance or best practices to promote and implement the Administration’s “Investing in America “priorities.

Finally, the Good Jobs EO creates a new “Investing in Good Jobs Task Force” to coordinate further policy development related to high labor standards. The Task Force will be co-chaired by the Secretary of Labor and the Director of the National Economic Council and will include other members of the President’s Cabinet.

While the Good Jobs EO itself does not create additional employee protections or mandate that employers adopt any specific standards, the Executive Order stresses the Biden-Harris Administration’s focus on the workplace and forecasts specific areas of focus for federal agencies in the coming months and years. Specifically, under the Biden and a potential Harris Administration, employers should expect the Department of Labor to implement regulations that increase wages, provide leave and care benefits, and prioritize union participation.

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