Lindsay DiSalvo and Scott Hecker Authored Law360’s “Examining 3 Notable DOL Moves In The First Half Of 2026”

The following is an excerpt from the article:

In the first half of 2026, the U.S. Department of Labor has been quite active in pursuing rulemaking efforts to address regulations that had been changed or rescinded during President Joe Biden’s
administration.

Specifically, the DOL has published proposed rules on classifying independent contractors and determining joint employment. It also recently put out a technical amendment to the regulations on white collar exemptions related to the salary threshold that is used to determine the applicability of the exemptions.

Although each effort is different in its focus and impact, they all affect an employer’s obligations to workers under the Fair Labor Standards Act.

In a shifting regulatory landscape, understanding these DOL actions is essential to ensure proper treatment of employees based on their classification and to mitigate enforcement risk. The goal of each of these actions is to clarify the applicable rules for employers and better define who must be treated as an employee, and as a nonexempt employee, under the FLSA.

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