by The roadmap of federal agency rulemaking known as the Unified Agenda of Regulatory and Deregulatory Action (Unified Agenda) has been released by the federal agencies. It is a guide to projected federal agency rulemaking for the next six months.
Key Unified Agenda items for Employers:
- Recission of the 2024 Independent Contractor classification regulations: The U.S. Department of Labor (DOL) previously announced it was no longer enforcing the 2024 regulations. A proposed regulation addressing independent contractor classification is expected this month.
- Adoption of Joint Employer regulations: The new proposed regulations, expected to be published in December, would guide the DOL’s enforcement of joint employer liability under the Fair Labor Standards Act (FLSA).
- Federal Contractor minimum wage requirements: At the beginning of 2025, there were two Executive Orders in place providing for special minimum wage rates for workers performing services under a federal contract; EO 13658, issued by President Obama, and EO 14026, issued by President Biden. President Trump rescinded EO 14026 in the early months of his administration but EO 13658 has not been rescinded. The Unified Agenda includes a regulatory update to clarify if and under what circumstances there is a special minimum wage for employees working under federal contracts.
- Amendments to practical training options for foreign students: The proposal to amend the regulations addressing the work eligibility of F-1 visa holders and other student visa holders may include limitations on the ability of students to get employment authorization beyond the time they are in school. Proposed regulations may be issued as early as this month.
The Unified Agenda does not guarantee that these items will result in proposed regulations nor does it limit the ability of the Administration to propose changes in other areas.
