Federal: DOL Announces Regulatory Agenda to Support American Workers and Businesses

What happened?

On September 4, 2025, the U.S. Department of Labor released its semiannual regulatory agenda, outlining nearly 150 proposals aimed at supporting American workers and businesses. This update offers a transparent look at upcoming regulatory priorities and what employers should expect in the coming months and into next year.

Overview:

Key Items to Watch: Employers may want to pay close attention to the following proposals:

1. Employee vs. Independent Contractor Classification (RIN: 1235-AA46): Revisiting the criteria under the Fair Labor Standards Act (FLSA) to simplify classification and reduce legal risks.

2. Joint Employer Status (RIN: 1235-AA48): Clarifies when multiple businesses share liability for wage and hour compliance.
   
3. Heat Injury & Illness Prevention (RIN: 1218-AD39): Proposes standards to protect workers from heat-related risks in indoor and outdoor settings.
   • The agency opened a post-hearing comment period that ended on September 30.

4. FLSA Overtime Rule (RIN: 1235-AA39 and RIN: 1235-AA47): Listed as a long-term project. May not surface until next year due to ongoing litigation over the 2024 rule.

Additional Information:

Other Notable Proposals Include:

• Retirement Plan Investments (RIN 1210-AC09):The DOL is evaluating how environmental, social, and governance (ESG) factors may be considered by fiduciaries in retirement plan investments, balancing financial returns with broader social goals.

• Healthcare Transparency (RIN 1218-AD36):New rules are proposed to improve fee disclosure by pharmacy benefit managers (PBMs) and enhance pricing transparency for consumers in employer-sponsored health plans.

• H-2A Agricultural Worker Program (RIN 1205-AC25):The DOL plans to rescind certain Biden-era requirements for employers using the H-2A program, many of which are currently enjoined by courts.

For additional information, please visit the Source Reference section Agency Rule List.

Source References

• DOL Press Release – Regulatory Agenda
• DOL Agency Rule List – Spring 2025

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.