DOL Hints at Unfinished Business in New Regulatory Agenda

by Doug Chartier

In case employers have forgotten, the Department of Labor has some big-ticket regulatory changes in store for them.

The Trump administration on Oct. 17 released its regulatory agenda for fall 2018, which lists the regulations various agencies are looking to add — and in many cases roll back — over the next year or so. The agenda indicates that the U.S. Department of Labor’s proposed overtime rule is still in the works but will be pushed back from January to March. The agency also indicated it will propose a rule on joint employment under the Fair Labor Standards Act by the end of the year and a rule regarding tips soon.

Attorneys dealing in federal regulations often look over the regulatory agendas for specific agencies as they come out twice each year. The Labor Department’s listings for fall 2018 are especially interesting to FLSA-covered employers considering the deregulatory actions it has yet to issue.

“[The regulatory agenda] is useful because it identifies the priorities that the agency has for the coming six months or so,” said Sue Schaecher, a partner at employment firm Fisher Phillips’ Denver office. In the listings, the agencies do set a schedule for the various actions they want to take, “but they’re not carved in stone and priorities change,” she noted.

To read this story and other complete articles featured in the October 29, 2018 print edition of Law Week Colorado, copies are available for purchase online.