What's on Deck? - Labor Department Regulatory Agenda Updates

In this semiannual series on the U.S. Department of Labor's Regulatory Agenda, partners Craig Leen and Kathleen Parker discuss recent updates to the regulatory agenda and what employers should expect in terms of new labor and employment regulations in 2023. The program begins with an overview of noteworthy items on the agenda along with notice and comment opportunities and when regulations are expected to become final. Craig and Kathleen then focus on the status of specific rulemakings, including those related to independent contractors, pooled employer plans, workplace violence in the healthcare industry, and affirmative action. We focus on rulemakings from the Occupational Safety and Health Administration (OSHA), the Wage and Hour Division (WHD), the Employee Benefits Security Administration (EBSA), and the Office of Federal Contract Compliance Programs (OFCCP), along with related statutes and executive orders. All of these rules are discussed in the context of recent U.S. Supreme Court decisions relating to the major questions doctrine and the scope of administrative agency authority and discretion.