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  • Are You Ready for 2023? Make Plans for our Workplace & Employment Law Update

    The dates are set for the most comprehensive and impactful Employment Law Update of the season.  Mark your calendars now for one of our two sessions:

    Thursday November 17th

    Tuesday December 6th

    Registration and early bird pricing will be opening this week for our not-to-be missed, full-day, virtual event featuring top attorneys and subject matter experts.

    For a sneak peak at some of the regulatory issues you can expect to be on the agenda, please continue to our blog and keep an eye out for the official announcement of the opening of registration.

     Biden Administration Issues Spring Regulatory Agenda

    The Biden administration has issued its spring regulatory agenda. The agenda provides guidance on what the workforce enforcement agencies on which employers are normally focused are planning for the upcoming year. It also provides insight into what some non-workforce agencies like the Securities and Exchange Commission (SEC) are planning to require employers to provide to their workforces.


    The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) is planning to issue proposed revisions to the Fair Labor Standards Act’s (FLSA) overtime exemptions by October 2022. The agency is also planning to issue final regulations on the non-displacement of qualified employees under the Service Contract Act and the final Davis Bacon rule this year.

    The Office of Federal Contract Compliance Programs (OFCCP) is planning to issue a notice of proposed rulemaking (NPRM) on its proposed changes to Executive Order 11246 regulations by March 2023 and its proposal to require supply and service contractors to provide notice to the agency of their subcontractors by January 2023. It is planning to finalize its reversal of the Trump-era rule on religious exemptions by November 2022 and the predetermination notice (PDN) rule by May of 2023.


    The SEC is planning to propose rules to “enhance registrant disclosures regarding human capital management” by October 2022 and disclosures on board members and nominees by April 2023.


    For a third regulatory agenda, the Equal Employment Opportunity Commission (EEOC) has nothing listed on the regulatory agenda as the current commission membership of three Republicans and two Democrats continues to impair the agency’s ability to operate. That would change if the Senate confirms President Joe Biden’s EEOC commissioner nominee, Kalpana Kotagal.

    Bottom Line

    President Biden’s most recent regulatory agenda does not significantly expand on what the administration outlined in its most recent agenda.

    Summary courtesy of content partner BLR.  Author Juanita Beecher is an attorney with Fortney & Scott, LLC, in Washington, D.C.