The Biden administration’s Spring Regulatory Agenda(Opens in a new window) previews federal rulemakings on human capital metrics disclosure, the overtime threshold under the FLSA, joint employer issues, mental health parity, and minimum wage for federal contractors.
July 2022: The NLRB is planning to propose a rule revising who is considered a joint employer under the National Labor Relations Act. In addition, the Board will propose rules concerning union elections procedures in September 2022.
October 2022: The SEC plans to propose a rule on human capital metrics which will likely require employers to disclose quantifiable data on turnover, skills and development training, compensation, benefits, health and safety, and workforce demographics, including independent contractors.
October 2022: A DOL proposed rule on overtime is expected in October 2022. The rule would increase the salary level threshold for the executive, administrative, and professional exemptions (the so-called "white collar" exemptions) to the FLSA overtime requirement.
December 2022: DOL’s Employee Benefits Security Administration will publish several final rules regarding health care benefits that will impact employer-sponsored plans. The rules expected include surprise billing requirements, the IRS “family glitch” changes to the premium tax credit for purchase of health insurance in the ACA exchange, IRS ACA reporting requirements, and IRS application of the employer shared responsibility and certain nondiscrimination rules to HRAs and other account-based group health plans integrated with individual health insurance coverage or Medicare.
July 2022: A proposal is expected on mental health parity guidance to clarify plans’ and issuers’ obligations under the law, promote compliance with mental health parity law (MHPAEA), as well as amendments to the law recently enacted as part of the Consolidated Appropriations Act.
November 2022: The Federal Acquisition Regulatory Council will publish a final rule on increasing the minimum wage for contractors. The Council will also consider rules on the prohibition of criminal history inquiries by contractors prior to a conditional offer, the prohibition on requiring disclosure of political contributions, and a rule on the use of project labor agreements for Federal construction projects between June 2022 and December 2022.
Outlook: The agenda lays out an ambitious schedule, highlighting the President’s priority issues heading into the mid-term elections where the majority in Congress is expected to flip to Republicans. Some of the dates in the regulatory agenda are likely to be adjusted as policy priorities shift.