Federal Agencies Issue Regulatory Agenda for New Employment Rules

Several labor agencies, including the Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor (DOL), the Occupational Safety and Health Administration (OSHA), and the National Labor Relations Board (NLRB), published their regulatory agenda for 2024.  EEOC's regulatory agenda includes the following priorities:

• Regulations to implement the Pregnant Workers Fairness Act.

• Note that on September 29, 2023, the EEOC published new draft enforcement guidance on workplace harassment.

• Notably excluded from the agenda are rules addressing worker incentives for company-sponsored wellness programs that have been frozen by the current Administration. 

The DOL produced its own set of plans for new rules:

• Wage-Hour rule that would make over three million salaried workers newly eligible for overtime pay is scheduled for April.

• The agency set a November goal to issue a final rule on classifying workers as independent contractors or employees under the Wage-Hour laws.

OSHA plans the following new rulemaking:

• OSHA has a December 2023 release date for new rules to protect healthcare workers from COVID-19.

• It has also a plan for release in April on silica dust.

• It should be noted that OSHA is accepting comment on a proposed rule that would let workers designate someone who doesn't work for their employer to represent them during an OSHA "walk around" inspection.  The prepublished version of the proposed rule was announced on August 29, and indicates that person could be from a union or other organization, if the compliance officer determines the third party is reasonably necessary to conduct an effective and thorough inspection.  

The NLRB has a single item on its agenda, setting a March target date for its final rule to change parts of its framework for union elections, continuing its efforts to remove the changes that the prior Republican administration instituted.  Note that the already issued NLRB rule on joint employment is set to go into effect February 26, 2024.

This article is part of our January 2024 Newsletter. 

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