Administration finally issues 2022 fall regulatory agenda

On January 4, 2023, the Biden administration finally issued its 2022 Fall Regulatory Agenda.

NLRB
Joint employer. The National Labor Relations Board (NLRB) plans to finalize its joint employer regulations this summer.

Representation Election Procedures. The NLRB is expected to finalize its representation election procedures this summer after its extended comment periods end.

Office of Federal Contract Compliance Programs
Modernization. The Office of Federal Contract Compliance Programs (OFCCP) plans to issue a proposal to “modernize” its regulations in April 2023. If the proposal is similar to the proposed changes to the scheduling letter and itemized listing, federal contractors can expect substantial changes to how they comply with EO 11246, Section 503, and VEVRAA.
 

Predetermination notice and conciliation procedures. The OFCCP has submitted its changes to its predetermination notice and conciliation procedures to the Office of Management and Budget (OMB) and expects to finalize the changes in March 2023.

Subcontractor disclosure. Also in March 2023, the OFCCP plans to issue a proposal “requiring contractors to provide notice to OFCCP when they award supply and service subcontracts,” which will make it easier for the agency “to schedule supply and service subcontractors for compliance evaluations.”