Biden Administration Releases Regulatory Plans. Maybe someone in the White House just read the Buzz’s Summer Forecast, because on June 21, 2022, the Biden administration released its Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions. As the Buzz has discussed previously, the Unified Agenda provides stakeholders with notice of a presidential administration’s forthcoming regulatory plans. Set forth below is a preview of the significant labor and employment actions that the Biden administration is currently considering.

U.S. Department of Labor

Wage and Hour Division (WHD)

• Overtime. In October 2022, the WHD is slated to issue a proposal amending the regulations “which implement the exemption of bona fide executive, administrative, and professional employees from the Fair Labor Standards Act’s [FLSA] minimum wage and overtime requirements.” Given the current post-pandemic state of the U.S. economy and its continuing supply chain and inflationary challenges, there will be significant debate surrounding this proposal, if it is released.

• Independent contractor and joint employer issues. Somewhat interestingly, the WHD is not forecasting any regulatory activity with regard to joint employment or independent contractor relationships under the FLSA. Recall that WHD Acting Administrator Jessica Looman recently penned a blog post noting that the agency would “engage in rulemaking on determining employee or independent contractor status under the FLSA.” Perhaps the...

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