The Trump Administration has announced its Unified Agenda of Regulatory and Deregulatory Actions, which provides the American People with a clear look at regulations being weighed and considered by the Administration and attempts to have the public engage in the entire process.
U.S. Secretary of Labor Lori Chavez-DeRemer has said that “Eliminating red tape and crafting smart regulations that spur job creation will bring us even closer to reaching the Golden Age of the American Worker. The Department of Labor is committed to helping President Trump and the entire Administration implement this bold regulatory agenda, which focuses on flexibility, transparency, and common-sense reform to ensure every hardworking family has a fair shot at achieving the American Dream.”
The agenda includes nearly 150 proposals under the U.S. Department of Labor’s jurisdiction, reflecting President Trump’s attempts to protect workers, support business growth, and ultimately his commitment to try and put American workers and businesses first.
“This regulatory agenda reflects our steadfast commitment to restoring economic opportunity by fostering innovation and reducing unnecessary burdens on employers,” said Deputy Secretary of Labor Keith Sonderling. “By modernizing outdated rules and prioritizing clarity and efficiency, we’re building a more agile, worker-centered labor policy framework that fuels economic growth and prosperity. Under President Trump’s leadership, the Department of Labor is delivering the regulatory certainty that American workers and businesses need to thrive.”
Proposals to be considered by the Administration
The department will be considering a set of high-priority actions to decrease unnecessary burdens on employers and employees, with proposals addressing issues surrounding pharmacy benefit managers, joint employers, independent contractors, and others, which include:
- Transparency in Coverage: The department will look at ways it can improve market transparency for consumers in pricing and cost-sharing information.
- Improving Transparency into Pharmacy Benefit Manager Fee Disclosure: Trump’s April 15 Executive Order, “Lowering Drug Prices by Once Again Putting Americans First,” will have the department look at ways to improve transparency around the direct and indirect compensation PBMs receive from employer-sponsored health plans.
- Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the U.S.: The department will consider updating the methods used to calculate the standard wage for H-2A workers.
- Prudence and Loyalty in Selecting Retirement Plan Investments and Exercising Shareholder Rights: The department will consider the depth to which fiduciaries may include environmental, social, and governance factors in investment decisions.
- Joint Employer Status under the Fair Labor Standards Act: The department will look at circumstances where a business can be held liable as a joint employer.
- Employee or Independent Contractor Classification under the FLSA: The department will examine the circumstances under which a worker should be classified as an independent contractor or an employee for the purpose of federal wage and hour requirements.
- Defining and Delimiting Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees: The department will look at whether specific salaried employees are exempt from FLSA minimum wage and overtime requirements.
- H-2A Temporary Agricultural Employment of Foreign Workers in Nonimmigrant Status: The department proposes to rescind certain burdensome requirements for growers using the H-2A program for agricultural labor.
- Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings: The department will continue to examine how to establish standards specifically related to heat-related injury and illness prevention.