Overtime rule slated for April; PWFA regulations to be published by EOY

Dive Brief:

  • The U.S. government published its fall regulatory agenda Wednesday, sharing its rulemaking plans for the remainder of 2023 and early 2024.
  • Of interest to HR professionals are U.S. Department of Labor updates on wage and hour law, workplace safety and retirement plans. Perhaps most notably, the DOL plans to finalize overtime regulations in April 2024. Final regulations for independent contractor classification — under the Fair Labor Standards Act — hang in the balance, as they were slated to be published in November, per the DOL.
  • Separately, the U.S. Equal Employment Opportunity Commission said it will finalize Pregnant Workers Fairness Act rules in December.

Dive Insight:

DOL’s April 2024 date for its overtime rule is a delay from the previous August 2023 estimate — which was a delay from the May timeframe announced before that. The rule would expand the number of workers eligible for overtime pay. Stakeholders have already weighed in on the proposed version, and some have urged the agency push the rule out to 2025.

The agency’s independent contractor rule has been similarly delayed. DOL proposed changes to its rules last year, suggesting a “totality of the circumstances” test, and held a public comment period.

EEOC proposed its PWFA rule in August and now that the comment period has closed said it plans to finalize the rule December 29. (An updated Know Your Rights poster became available in June.) 

The EEOC said these regulations will have “benefits that are difficult to quantify,” such as the overall improved well-being and financial security of pregnant workers. Echoing what many experts have told HR Dive, the EEOC said that the cost of reasonable accommodations and additional administrative effort therein will be “low” for employers.