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President Trump releases spring regulatory agenda

FLSA icon3 min read

The Trump administration released its Spring Regulatory Agenda, outlining the actions federal agencies intend to prioritize in 2018. Proposals include removing burdens on infrastructure, emerging technology, and small businesses in hopes to promote economic growth and innovation. The agenda (which includes 3,352 overall rules in play) represents ongoing progress towards more transparency, public notice, and due process in rule making.

Some points of entries include:

  • DOL (Department of Labor) stated that it will revise the definition of “regular rate,” the number that shapes the foundation for overtime calculations, this coming September. Changes in bonuses and incentives mandated by the FLSA (Fair Labor Standards Act) would tilt in favor to employers as it would reduce their overtime liability significantly.
  • Another proposal in the agenda is to expand apprenticeship and job opportunities to minors under eighteen. It aims to ease rules that prohibit minors from working in “hazardous” occupations or around machinery that is barred.
  • The agenda also puts forward relief for small businesses such as creating flexibilities designed to lower costs and allow more business owners to obtain insurance and expanding commercial fishing after fishing seasons close.
  • The proposed rule to overturn the controversial “persuader rule” expands the reporting obligations of “consultants” who conduct activities to convince employees about their rights to join a union or bargain collectively. It requires reporting even when the consultant communicated only to the employer and has no direct contact with employees.

The agenda aims to reflect progress toward reducing regulatory burdens. In accordance with President Trump’s Executive Order 13771, the plan seeks to eliminate two regulatory actions for each new regulationall managed within a controlled budgeting process to reduce government costs. As regulatory actions are in development, it’s important to note the public can create meaningful comments on policies that affect them.