From JDSupra, James Plunkett discusses provides a preview of what to expect in 2026 including actions by the United States Department of Labor on the independent contractor rule and joint employer rule. James writes:
U.S. Department of Labor (DOL)—Wage and Hour Division (WHD)
In 2025, the WHD took steps to implement the administration’s new policy agenda. Examples include the resuscitation of the Payroll Audit Independent Determination (PAID) program, issuing several new Fair Labor Standards Act (FLSA) opinion letters, and walking back enforcement of the Biden-era independent contractor regulation. In 2026, however, the WHD can be expected to accelerate its rulemaking agenda, particularly now that Andrew Rogers has been installed as wage and hour administrator. Examples of rulemakings that WHD can be expected to pursue in 2026 include the independent contractor and joint-employer tests under the FLSA, as well as the rescission of the December 2024 dual jobs rule for tipped employees. Proposed regulations relating to exemptions from minimum wage and overtime pay requirements for certain employees are categorized as “long-term actions” in the most recent regulatory agenda.
Source: Beltway Buzz – January 2026 | Ogletree, Deakins, Nash, Smoak & Stewart, P.C. – JDSupra
