September 04, 2025
U.S. DOL Publishes Its Spring Regulatory Agenda – What’s on the Horizon?
Get ready! Some rules are being rescinded and new ones proposed. Here’s a summary of what the agency has on its agenda.
Wage and Hour Division (WHD)
Independent Contractor rule – DOL plans to rescind this month the rule that was finalized in 2024 and “is considering how it will proceed with respect to independent contractor classification under the [Fair Labor Standards Act] FLSA employee or under the FLSA.” On May 1, 2025, the DOL announced in a Field Assistance Bulletin it was no longer going to follow the 2024 rule.
Joint Employer Status – Since 2021, the DOL has had no regulatory guidance addressing joint employer liability under the FLSA. The agency is considering a proposed rule slated for December.
Two rules are scheduled for rescission: (1) Nondisplacement of Qualified Workers Under Service Contracts, which provided that qualified employees on a Federal service contract be given the right of first refusal of employment with a successor contractor if they would otherwise lose their jobs as a result of expiration of the contract. That Executive Order has already been rescinded, the DOL will rescind the corresponding regulation; and (2) Increasing the Minimum Wage for Federal Contractors. Like the preceding, this EO has already been rescinded and the WHD will rescind the corresponding regulation.
Office of Federal Contract Compliance Programs (OFCCP)
Government contractors may have some questions answered as the OFCCP plans to publish proposed modifications and “introduce other [and additional] updates” to Section 503 of the Federal Rehabilitation Act regulations, as well as VEVRAA. The Office will also rescind the regulations tied to EO 11246, which was rescinded earlier this year, basically covering affirmative action for women and minorities.
Other Items of Interest
ETA has nine (9) proposed actions. One is looking at unemployment insurance and “addressing questions around sharing information across the workforce system” including federal, state and local agencies.
EBSA has 20 agenda items. Those of you that are benefits gurus can check those out. They are outside my wheelhouse, and I am happy to not address them here.
OSHA takes the cake with 39 agenda items! While most are specific to a chemical or an industry, one that would have broader implications is the rule related to Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. The agency provides no timetable but does still plan to issue a regulation.
For the full list of all agencies under the DOL and their agenda, click here.
