Spring regulatory agenda updates issuance of proposed wage and hour regulations
The new 2023 Spring Regulatory Agenda updates when employers should expect new proposed regulations on joint employment and overtime. The new agenda provides that the notice of proposed rulemaking (NPRM) for new overtime rules is scheduled to be issued in August. The update to Davis-Bacon regulations is scheduled to be finalized in June. Although the agenda states that the final independent contractor rule will be issued in June 2023, the DOL on June 9 informed the U.S. 5th Circuit Court of Appeals that it will take four more months to issue its new final rule in its motion to continue to pause litigation against the Biden administration’s initial independent contractor rule. All these rules are substantially behind schedule as it continues without a confirmed Wage and Hour Administrator.
6th Circuit creates new FLSA collective action test