Trump Administration Unveils Regulatory Agenda Focused on Worker and Business Support

The U.S. Department of Labor has announced its semiannual Unified Agenda of Regulatory and Deregulatory Actions, outlining nearly 150 proposals intended to prioritize American workers and businesses. This agenda signals a commitment to reducing regulatory burdens while fostering job creation and economic growth. The department aims to implement reforms that promote flexibility, transparency, and common-sense approaches to labor policy, with the goal of ensuring that working families have opportunities to achieve the American Dream.

Key initiatives within the department’s jurisdiction focus on enhancing transparency in various sectors and clarifying existing regulations. Among the high-priority actions is a review of pharmacy benefit manager (PBM) compensation structures, spurred by an executive order aimed at lowering drug prices. This review seeks to provide greater clarity on the direct and indirect payments PBMs receive from employer-sponsored health plans. Additionally, the department plans to explore ways to improve market transparency regarding pricing and cost-sharing information for consumers.

In the realm of retirement savings, the department will consider the extent to which fiduciaries may incorporate environmental, social, and governance (ESG) factors when making investment decisions for retirement plans. This examination is part of a broader effort to ensure prudence and loyalty in selecting investments and exercising shareholder rights.

The agenda also addresses workplace safety, with a continued focus on developing standards for heat injury and illness prevention in both outdoor and indoor work environments. Recognizing the growing concern over heat-related hazards, the department is committed to establishing clear guidelines to protect workers.

Furthermore, the Department of Labor will be reviewing and potentially revising regulations concerning employment classifications and worker protections. This includes clarifying the circumstances under which a business can be held liable as a joint employer under the Fair Labor Standards Act (FLSA). The department will also re-examine the criteria for classifying workers as employees or independent contractors, which has implications for federal wage and hour requirements. Another area of focus is the definition and scope of exemptions for executive, administrative, professional, outside sales, and computer employees, determining their eligibility for FLSA minimum wage and overtime protections.

In an effort to streamline agricultural labor practices, the department is proposing to rescind certain requirements related to the H-2A Temporary Agricultural Employment of Foreign Workers program. These proposed rescissions target provisions that have been deemed burdensome and, in many cases, are currently subject to legal challenges. Additionally, the department will consider updates to the methodology used to calculate the prevailing wage for H-2A workers, impacting the temporary employment of nonimmigrants in non-range agricultural occupations.

The complete semiannual agenda is available for public review, providing a transparent look at the administration’s regulatory priorities and inviting public engagement throughout the process.

Article by Mel Anara, based upon information from the U.S. Department of Labor

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