Labor & Employment Law Daily Wrap Up, FEDERAL REGULATIONS—Labor Department regulatory flexibility agenda highlights wage, immigration, benefits, workplace safety rules, (Aug 13, 2026)

By Patricia K. Ruiz, J.D.

The agenda outlines proposed, final, and long-term actions across multiple agencies.

The Department of Labor's (DOL’s) regulatory flexibility agenda, which will appear in tomorrow’s Federal Register, identifies rulemakings expected to be under active consideration and includes regulations that are likely to have a significant economic impact on a substantial number of small entities. The agenda spans proposed rules, final rules, completed actions, and long-term initiatives across the Wage and Hour Division (WHD), Employment and Training Administration (ETA), Employee Benefits Security Administration (ESBA), and Occupational Safety and Health Administration (OSHA). Several items are tied to the department's broader regulatory plan, while others provide updated timelines for rulemaking activity scheduled through 2027.

Wage and hour initiatives. The WHD listed one proposed rule, "Tip Regulations Under the Fair Labor Standards Act," under the proposed rule stage. The agency said it is considering a notice of proposed rulemaking to amend regulatory provisions related to tipped employees under the FLSA. The agenda schedules a notice of proposed rulemaking for August 2026. The rule is identified as RIN 1235-AA54.

Under the final rule stage, the division included "Application of the Fair Labor Standards Act to Domestic Service," which is identified in the department's regulatory plan as Sequence No. 94, and "Statements of General Policy or Interpretation Not Directly Related to Regulations." The department said it previously proposed rescinding provisions in Title 29, Chapter V, Subchapter B of the Code of Federal Regulations that were not originally issued or later amended through notice-and-comment rulemaking. The agenda lists a final rule scheduled for August 2026.

Completed wage and hour actions. The agenda lists as completed actions a rulemaking concerning executive, administrative, professional, outside sales, and computer employee exemptions; and a separate domestic service rulemaking. Regarding the exemptions rulemaking, the DOL stated that proposals finalized in a 2024 rule were subsequently vacated and that it is withdrawing the rulemaking entry. The agenda lists the rulemaking as withdrawn on December 15, 2025. The department’s domestic service rulemaking was withdrawn on December 15, 2025. According to the agenda, the department determined the entry was duplicative of another domestic service rulemaking identified as RIN 1235-AA51.

Employment and training agenda. The ETA included a proposed rule titled "Improving Wage Protections for the Temporary and Permanent Employment of Certain Foreign Nationals in the United States," identified in the regulatory plan as Sequence No. 95.

The agency's final-rule-stage items include the employer-provided survey wage methodology rule for the H-2B program, a rule on illegal discrimination in registered apprenticeship programs, an adverse effect wage rate methodology rule for H-2A workers identified as Sequence No. 96 in the regulatory plan, and a rescission of a final rule concerning protections for workers in temporary agricultural employment identified as Sequence No. 97.

For the H-2B wage methodology rule, the department said it plans to issue a final rule addressing the employer-provided survey provision of the 2015 wage rule following a federal court decision that found the provision did not satisfy notice-and-comment requirements under the APA. A final rule is scheduled for February 2027.

For its apprenticeship rule, the department said its proposal would rescind certain regulatory provisions and make conforming technical changes while maintaining nondiscrimination protections for apprentices and applicants. The agenda schedules a final rule for August 2026.

Employee benefits rulemaking. EBSA listed a final rule titled "Independent Dispute Resolution Operations." The rule finalizes provisions related to the federal independent dispute resolution process established under the No Surprises Act. The rule sets new disclosure requirements for group health plans and health insurance issuers, requires use of claim adjustment reason codes and remittance advice remark codes in certain circumstances, amends requirements concerning negotiations and dispute eligibility review, addresses fees and bundled payment arrangements, and requires plans and issuers to register in the federal IDR portal. Final action is scheduled for July 2026.

OSHA proposed rules. OSHA included proposed rules for a tree care standard, and heat injury and illness prevention in outdoor and indoor work settings. OSHA said there is currently no agency standard specifically governing tree care operations and that the industry remains a high-hazard sector. The agency completed the SBREFA process in May 2020 and schedules a notice of proposed rulemaking for October 2026.

For the heat rulemaking, OSHA stated that the proposal would apply to employers conducting outdoor and indoor work in general industry, construction, maritime, and agriculture sectors where the agency has jurisdiction. The standard would require employers to create plans to evaluate and control heat hazards and would clarify obligations to protect workers from hazardous heat exposure. OSHA schedules a supplemental notice of proposed rulemaking for December 2026 and final action for October 2027.

OSHA final and long-term actions. OSHA's final-rule-stage agenda includes the emergency response rulemaking. The agency said current standards do not provide a comprehensive emergency response framework and do not reflect all developments in safety and health practices adopted by the emergency response community. OSHA scheduled a final rule for April 2027.

The agency's long-term actions include process safety management and prevention of major chemical accidents, communication tower safety, and workplace violence in health care and social assistance.

For process safety management and prevention of major chemical accidents, OSHA listed the next action as undetermined. The same status was reported for the communication tower safety rulemaking. For workplace violence in health care and social assistance, OSHA reported that a notice of proposed rulemaking remains to be determined.

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