Chapter 18 - Department of Labor

View the PDF of Chapter 18.

Eliminate racial classifications and critical race theory trainings in employment
Remove EEO-1 data collection on race/ethnicity
Eliminate disparate impact liability for discrimination claims
Rescind OFCCP (Office of Federal Contract Compliance Programs)
Restrict application of Bostock v. Clayton County to hiring/firing contexts
Withdraw unlawful "notices" and "guidances" related to sex discrimination
Rescind regulations prohibiting discrimination based on sexual orientation, gender identity, etc.
Require equal or greater benefits for pro-life support for mothers compared to abortion benefits
Clarify that ERISA doesn't preempt states' power to restrict abortion-related benefits
Provide robust protections for religious employers
Clarify Title VII's religious organization exemptions
Reform EEOC practices, including affirming decision-making via majority vote of Commissioners
Allow workers to accumulate paid time off instead of receiving overtime pay
Incentivize on-site childcare
Equalize retirement savings access across married households
Establish an Assistant Commissioner for Family Statistics within the Bureau of Labor Statistics
Require overtime pay for Sunday work (with religious exemptions)
Clarify overtime rules for telework
Return to 2019 and 2021 independent contractor rules
Establish a bright-line test for employee vs. independent contractor status
Return to long-standing approach to defining joint employers
Maintain overtime threshold at Trump-era levels
Reinstitute the PRO Good Guidance rule
Exempt small entities from regulations where possible
Implement an industry-recognized apprenticeship program
Amend hazard-order regulations to allow teenage workers in more dangerous jobs with training and parental consent
Create an employer grant for on-the-job training
Adopt skills-based hiring standards for federal contractors
Prohibit BA requirements in private sector job descriptions (with exceptions)
Streamline and reform federal workforce development programs
Reform the Unemployment Insurance program
Pass the Teamwork for Employees and Managers (TEAM) Act
Eliminate the contract bar rule for union decertification
Amend the NLRA to allow collective bargaining to treat national employment laws as negotiable defaults
Cap and phase down H-2A and H-2B visa programs
Mandate high percentages of U.S. citizen employees for federal contractors
Allow employers to prefer hiring U.S. citizens
Focus ILAB investigations on foreign labor violations that damage American workers' earning power
Reduce labor agencies' budgets
Maximize hiring of political appointees in labor agencies
Implement a hiring freeze for career officials
Fully staff the Office of Compliance Initiatives
Move the Office of Foreign Labor Certification out of the Employment and Training Administration
Approve non-public organizations as unemployment insurance administrators
Offer waivers from federal labor laws to states and local governments
Ensure interstate compacts for occupational license recognition don't require additional qualifications
Remove ESG considerations from ERISA
Prohibit investment of the Thrift Savings Plan in China
Require public pension funds to disclose fair market value of assets and liabilities
Reform multiemployer pension plans
Increase variable rate premiums on underfunding for PBGC
Provide clear regulations for ESOP valuation and fiduciary conduct