Trump, DOL unveil semiannual regulatory agenda

The Trump Administration recently announced its Unified Agenda of Regulatory and Deregulatory Actions, which provides the American people with a transparent look at regulations being considered by the Administration and ensures the public is engaged throughout the process.

“The Department of Labor is committed to helping President Trump and the entire Administration implement this bold regulatory agenda, which focuses on flexibility, transparency, and common-sense reform,” said Lori Chavez-DeRemer, U.S. Secretary of Labor.

The agenda includes nearly 150 proposals under the U.S. Department of Labor’s jurisdiction, which the Administration said reflects President Trump’s ongoing commitment to protect workers, support business growth, and ultimately put American workers and businesses first.

"This regulatory agenda reflects our steadfast commitment to restoring economic opportunity by fostering innovation and reducing unnecessary burdens on employers," said Keith Sonderling, Deputy Secretary of Labor. "By modernizing outdated rules and prioritizing clarity and efficiency, we’re building a more agile, worker-centered labor policy framework that fuels economic growth and prosperity."

Nearly 150 proposals include OSHA, MSHA

The agenda includes proposals from the following U.S. government agencies: 

• Occupational Safety and Health Administration (OSHA)
• Mine Safety and Health Administration (MSHA)
• Employment and Training Administration (ETA)
• Employee Benefits Security Administration (EBSA)
• Wage and Hour Division (WHD)
• Office of Labor-Management Standards (OLMS)
• Office of Federal Contract Compliance Programs (OFCCP)
• Office of the Secretary of Labor (OSEC)
• Office of the Assistant Secretary for Administration & Management (OASAM)

The department said it has advanced a set of high-priority actions designed to reduce unnecessary burdens on employers and employees, with proposals addressing issues surrounding pharmacy benefit managers, independent contractors, joint employers, and others, including:

• Improving Transparency into Pharmacy Benefit Manager Fee Disclosure: Pursuant to President Trump's April 15 Executive Order, "Lowering Drug Prices by Once Again Putting Americans First," the department will look at ways to improve transparency around the direct and indirect compensation PBMs receive from employer-sponsored health plans.
• Transparency in Coverage: The department will examine ways it can improve market transparency in pricing and cost-sharing information for consumers.
• Prudence and Loyalty in Selecting Retirement Plan Investments and Exercising Shareholder Rights: The department will consider the extent to which fiduciaries may prioritize environmental, social, and governance factors in investment decisions.
• Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings: The department is continuing to examine how to establish standards specifically related to heat-related injury and illness prevention.
• Joint Employer Status under the Fair Labor Standards Act: The department will look at the circumstances under which a business can be held liable as a joint employer.
• Employee or Independent Contractor Classification under the FLSA: The department will examine the circumstances under which a worker should be classified as an employee or independent contractor for the purpose of federal wage and hour requirements.
• Defining and Delimiting Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees: The department will determine whether certain salaried employees are exempt from FLSA minimum wage and overtime requirements.
• Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the U.S.: The department will consider updates to the methodology used to calculate the prevailing wage for H-2A workers.
• H-2A Temporary Agricultural Employment of Foreign Workers in Nonimmigrant Status: The department proposes to rescind what it calls “certain burdensome requirements adopted under the Biden administration,” many of which it considers currently enjoined as unlawful, for growers using the H-2A program for agricultural labor.