“[Send economic recovery legislation to Congress] including the Protecting the Right to Organize (PRO) Act, card check, union and bargaining rights for public service workers, and a broad definition of 'employee' and tough enforcement to end the misclassification of workers as independent contractors.”
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Biden publicly urged Congress on March 9, 2021 to send him the PRO Act, and the House passed H.R. 842 that day, but the bill was referred to the Senate HELP Committee on March 11, 2021 and never received a Senate vote, so the PRO Act, card check, and public-sector bargaining rights were not enacted. The misclassification component was delivered administratively: the Labor Department's final rule published January 10, 2024 (effective March 11, 2024) replaced the prior test with a broader economic-reality analysis for classifying workers as employees rather than independent contractors under the FLSA. Part of the promise was kept through rulemaking while the core legislative items failed.
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