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What Employers Need to Know About the DOL’s Upcoming Regulatory Proposals

What Employers Need to Know About the DOL’s Upcoming Regulatory Proposals

Posted by Fisher Phillips on Sep 15th 2025

What Happened

The U.S. Department of Labor (DOL) released its semiannual regulatory agenda (Sept 2025), outlining high-priority proposals that could reshape how employers manage labor & employment risk. Key areas under review include:

  • Joint employer status under the FLSA (proposed rule expected in December), to clarify when businesses share liability. Fisher Phillips

  • Independent contractor classification under the FLSA (DOL plans to rescind the 2024 rule) to potentially reinstate more flexible standards. Fisher Phillips

  • Overtime salary threshold revisions for white-collar exemptions. 

  • Changes in FLSA exemptions for domestic service workers (live-in, companionship services) that had been limited.

  • Workplace safety proposals including the first national heat safety standard, emergency response standards, and updates to respiratory protection rules.

Why It Matters for You

  • Liability exposure: Broader joint-employer definitions and stricter oversight of classification can dramatically increase wage and hour risk.

  • Policy and classification ambiguity: Employers may need to revise contracts, pay systems, and classification policies to ensure they align with evolving standards.

  • Compliance and cost risk: New safety standards (heat, respirators, emergency response) often mean investment in training, PPE, facility upgrades, or procedural changes.

  • Uncertainty & timing: Because many proposals are still being drafted or are long-term, companies operating now must anticipate change and build flexibility in their policies.

How fpSOLUTIONS Can Help

Here are fpSOLUTIONS products aligned with these areas + how they can be leveraged:

  • Compliance Products: Provides audit-ready templates for classification, joint-employer agreements, job agreements, contractor docs, safety program checklists. Helps you update your classification and joint employer policies so they’re ready when rules change.

  • All Access Products Pass Without Handbook: Includes living policy templates and training materials which can be updated frequently. Use it for workforce training on new safety rules (heat safety, respirators), and for consistent messaging across locations.

  • State Law Tracker (if offered / State Compliance Tools): Many states have their own safety rules, contractor definitions, overtime thresholds. Use state-tracking or state specific packs to see where your state is ahead or behind.

  • Workplace Safety Products Toolkit: For safety proposals from OSHA/MSHA, you’ll benefit from tools that help you build or update emergency response plans, respiratory protection programs, and heat safety procedures.

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