Biden administration issues spring regulatory agenda

The Biden administration has issued its spring regulatory agenda. The agenda provides guidance on what the workforce enforcement agencies on which employers are normally focused are planning for the upcoming year. It also provides insight into what some nonworkforce agencies like the Securities and Exchange Commission (SEC) are planning to require employers to provide to their workforces.

DOL

The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) is planning to issue proposed revisions to the Fair Labor Standards Act’s (FLSA) overtime exemptions by October 2022. The agency is also planning to issue final regulations on the nondisplacement of qualified employees under the Service Contract Act and the final Davis Bacon rule this year.

The Office of Federal Contract Compliance Programs (OFCCP) is planning to issue a notice of proposed rulemaking (NPRM) on its proposed changes to Executive Order 11246 regulations by March 2023 and its proposal to require supply and service contractors to provide notice to the agency of their subcontractors by January 2023. It is planning to finalize its reversal of the Trump-era rule on religious exemptions by November 2022 and the predetermination notice (PDN) rule by May of 2023.

SEC

As we have previously discussed, the SEC is planning to propose rules to “enhance registrant disclosures regarding human capital management” by October 2022 and disclosures on board members and nominees by April 2023.

EEOC