Department of Labor Releases 2026 Agency Rule List

The U.S. Department of Labor recently released its 2026 agency rule list. The list identifies rules the Department plans to propose, revise, or finalize in the coming months.

The list includes more than 100 items across several divisions within the DOL. Some rules are still being developed, while others are closer to becoming final. The list does not change employers' current legal obligations, but it offers a helpful preview of the Department's priorities.

Here are some of the most notable items for employers.

The DOL adopted its current rule for classifying workers as employees or independent contractors in 2024. According to the new agenda, that rule has faced several legal challenges. The Department is now seeking to rescind it and replace it with a modified version of the rule from 2021.

The DOL also wants to clarify that the same test used to classify workers under the Fair Labor Standards Act applies under the Family and Medical Leave Act and the Migrant and Seasonal Agricultural Worker Protection Act.

The agenda estimates that a final rule will be issued in October 2026. However, dates included in regulatory agendas are estimates and may change.

Changes to the federal classification test could affect businesses that regularly use freelancers or other independent contractors. Employers should also remember that state laws may use different or stricter tests.

The DOL is also considering a new rule addressing joint-employer status.

Joint employment can arise when two businesses share responsibility for the same workers. If the businesses are considered joint employers, both may be responsible for following laws involving minimum wage, overtime, employee leave, and other workplace requirements.

This issue often arises in arrangements involving staffing agencies, subcontractors, franchises, management companies, and outsourced workers.

The DOL has not yet explained the exact standard it plans to propose. Employers that share workers with another business or use workers supplied by another company should monitor this rule as it develops.

The Wage and Hour Division (WHD) is considering changes to the rules governing employees who regularly receive tips. The WHD has provided few details but describes the planned rule as deregulatory.

One issue may be whether the current definition of a tipped employee reflects the growing number of jobs in which customers now commonly leave tips. Recent IRS regulations identify more than 70 occupations whose workers may qualify for the new federal tax deduction for qualified tips. The WHD could consider aligning its tipped-employee rules with the IRS framework, but the Department has not said that it will do so.

The WHD expects to publish a proposed rule in August 2026. Until that proposal is released, employers will not know exactly what changes the Department is considering.

The WHD is also considering changes to the hours that 14- and 15-year-olds may work. The agenda does not explain which limits the Department may change.

Under current federal law, 14- and 15-year-olds generally may work only:

Outside school hours;
Up to three hours on a school day, including Fridays;
Up to eight hours on a nonschool day;
Up to 18 hours during a week when school is in session;
Up to 40 hours during a week when school is not in session; and
Between 7 a.m. and 7 p.m., with the evening limit extended to 9 p.m. from June 1 through Labor Day.

The WHD describes the planned rule as deregulatory, which may mean it is considering giving employers greater flexibility. However, the agenda does not identify which restrictions may change.

The WHD expects to publish a proposed rule in September 2026. Until any changes become final and take effect, employers should continue following the current federal rules and any applicable state child-labor laws.

The 2026 Agency Rule List suggests that the DOL is moving toward fewer federal restrictions and greater flexibility for businesses. However, the rules are at different stages, and many may change before they become final.

For now, employers should continue following current law and watch for proposed rules that could affect their businesses. Employers may also want to review how they use independent contractors, staffing agencies, franchise relationships, and outsourced workers.

A change in federal law may not change an employer's responsibilities under state law. States may have different or stricter requirements, particularly for worker classification and child labor.

The agency rule list provides a useful preview of what may be coming, but it does not create new legal obligations. The effect of each rule will depend on its final language, effective date, possible legal challenges, and any related state laws.

< Older Post

Newer Post >