The National Labor Relations Board (NLRB) and the U.S. Department of Labor (DOL) published updates on July 26 with information about the timing of several rules that LeadingAge is tracking:

• Final Rule on Joint Employer Standard – August 2023: In the Fall of 2022 the NLRB issued a proposed rule to rewrite the current standard for determining whether separate entities are joint employers under the National Labor Relations Act. The public comment period closed in December 2022, and NLRB’s agenda identifies August 2023 as the target date for issuing a final rule.
• Proposed Rule on Overtime Exemptions – August 2023: The DOL Wage & Hour Division is reviewing the regulations that implement the exemption of bona fide executive, administrative, and professional employees from the Fair Labor Standards Act’s minimum wage and overtime requirements.  These rules were last updated in 2020. DOL’s agenda identifies August 2023 as the target date for issuing a proposed rule, which is expected to include an increase in the exempt salary threshold.
• Final Rule on Classification of Workers as Employees or Independent Contractors – October 2023:  While not addressed in the update just released, we also expect the DOL Wage & Hour Division to issue a final rule by October 2023 that revises the framework for determining whether a worker is an employee or an independent contractor under the Fair Labor Standards Act.
• OSHA Continued Analysis of Workplace Violence Standard – December 2023:  The DOL’s Occupational Safety and Health Administration is considering a possible future rule relating to acts of violence committed by patients, residents, and clients toward employees in health care and social assistance settings. The regulatory agenda confirms this work is still in the pre-proposal stage, with OSHA intending to complete an analysis of information obtained through a recent Small Business Review Panel by December 2023.

Twice a year each federal agency publishes an agenda to identify regulations the agency plans to issue or has recently completed. This tool allows the public to follow key developments and identify the target dates by which an agency expects to complete a regulatory action. The agencies are not bound by these dates and delays may occur, but it is important for us to note them.