Every four years I have a dream that an employment law question will be asked at a Presidential Debate.

I have yet to have that dream realized. And if the topics of debate moderator Chris Wallace are to be believed, we will have to wait (still further) for such questions at an upcoming debate. (Though truth be told, if there was going to be any changes to the topics, might I suggest one on the candidates’ tax returns?)

But like 2016 (or 2012, or 2008), it’s still an exercise worth doing.  So much so that my fellow employment law bloggers have also posted their questions on Monday too. (Links down below.)

So here are two questions for each candidate that I’d like to see asked:

  1. (For Trump) Earlier this year, you signed a bill that — for the first time — provided paid leave to workers under the Famlies First Coronavirus Response Act. But that bill expires on December 31, 2020.  Thus, a three part question: 1) Would you support an extension of the FFCRA; 2) Why does this bill exempt larger employers who can most afford it? 3) If paid leave was worthwhile here, why have you not advocated for paid leave for all workers?
  2. (For Biden) One of your policy statements describes that you will sign into law, the “Domestic Workers Bill of Rights Act”, a bill proposed by your running mate, Kamala Harris. That bill would eliminate the overtime exception for domestic workers.  In another policy statement, you indicate that you will “hold corporate executives personally accountable for violations of labor laws“.  Among fears from some that you will be beholden to progressives in your party, how can you explain your support for businesses among these proposals that will make it more difficult for small business owners to run their businesses?
  3. (For Trump) Under your administration, claims of sexual harassment filed at the EEOC have increased to 7500, up over 10 percent from when you took over.  Some, including SHRM, have suggested that the #metoo movement is responsible for that, including claims against high profile men such as Harvey Weinstein or even Matt Lauer.  How do you explain that rise and what steps, if any, has your administration taken to address this growing concern?
  4. (For Biden) The Trump administration recently proposed revising the rules regarding independent contractors.  At the same time, so-called “gig” workers have provided valuable services while giving those contractors an additional source of income.  Yet you have called for allowing independent contractors the right to “organize”.  Isn’t the time right to revisit the rules regarding independent contractors and would you support a proposal similar to that offered by the Uber CEO last month in The New York Times?

For more debate questions, check out the posts from: