On July 24, 2025, the U.S. Department of Labor (DOL) announced several programs designed to help employers and others voluntarily assess and improve their compliance, reducing the likelihood of formal investigation or litigation. The Employee Benefits Security Administration (EBSA) offers two self-correction programs for fiduciaries and benefits plan administrators to voluntarily correct violations of the Employee Retirement Income Security Act (ERISA) and to encourage compliance with ERISA’s annual reporting requirements that offers incentives to late filers. The Occupational Safety and Health Administration (OSHA) is expanding its voluntary protection programs which allow regular self-evaluations and avoid routine inspections and offers to support voluntary compliance through its on-site consultation program, which offers no-cost and confidential safety and health services to small- and medium-size businesses. The Wage and Hour Division is restarting its payroll audit independent determination program to enable employers to self-identify and resolve minimum wage, overtime, and leave violations under the Fair Labor Standards Act and Family and Medical Leave Act. The Veterans’ Employment and Training Services also launched a new program to help employers proactively review their policies and practices under the Uniformed Services Employment and Re-Employment Rights Act.
These developments at the DOL are designed to foster more cooperation between labor law agencies and the regulated community of businesses, following up on the revamping of a free legal advice program for many of the same enforcement agencies in June. Other deregulatory efforts are in the works.
Other Deregulatory Efforts
The DOL has also proposed doing away with dozens of rules the Administration considers to be onerous or outdated. One proposed change would limit OSHA’s ability to cite employers under the General Duty Clause for hazards deemed “inherent and inseparable” from certain professions in high-risk sectors, such as professional sports and entertainment. OSHA also proposes rescinding or revising numerous standards and moving towards more performance-based compliance rather than prescriptive mandates. OSHA proposes to withdraw a previously proposed rule that would have added a column to the OSHA 300 log for recording musculoskeletal disorders.
The DOL has announced that it will no longer enforce minimum wage and overtime protections to some types of health aids, and its seasonal H-2A visa for farm workers program will limit some rights to collective action. The discrimination rules for federal contractors will likely be rescinded and affirmative action mandates for apprenticeship programs will be targeted.
In July, OSHA announced an updated guidance on penalty and debt collection procedures for small businesses, whereby employers with 500 employees or less can get OSHA penalties reduced by 70% and businesses that correct a flagged hazard immediately can get a 15% reduction. Employers can also receive a 20% penalty reduction if they don’t have a history of OSHA violations.
One proposed OSHA rule is moving in the other direction, as OSHA announced in May that it is moving forward with the Biden-era heat rule, rather than leaving it in the hands of a future administration. It is believed, however, that the Biden-era rule will be watered down, rather than employers being hit with a one-size-fits-all rule. The Biden rule would have triggered at a heat index of 80̊ Fahrenheit and a high heat trigger of 90̊for when employers must implement measures to protect their workers. The current Administration apparently is balancing demands of unions and employers on the heat rule. Employers also have an interest in supporting a federal standard that provides uniformity among a growing number of States wanting to address heat-related issues.
This article is part of our September 2025 Newsletter.
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