On Jan. 4, the Biden administration released its long-awaited Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions. The proposed overtime rule will be published in May, according to the agenda.

Typically, these semi-annual agendas are issued in the spring and fall and outline federal agency goals for the months ahead. Although there are no legal implications regarding the administration's failure to issue the agenda in a timely manner, there are important considerations for the regulated community. For example, the lack of transparency in knowing what to expect makes it more difficult to hold the administrative state accountable for its plans. Additionally, not knowing regulatory priorities can have an impact on budget and resource planning for employers, especially during a time of high inflation and anticipated economic recission. Congress must also have keen insight of the administration's regulatory plans to assess its budget requests and operations.

The key labor and employment regulatory actions included in the fall agenda are listed below.

National Labor Relations Board (NLRB)

--Joint Employer—A final rule is slated for August. The board issued a proposed rule in September 2022 broadening the standard for determining whether two employers, as defined in Section 2(2) of the National Labor Relations Act (NLRA), are joint employers under the NLRA, thereby expanding joint employment liability. The public comment period closed on Dec. 21, 2022.

--Election...

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