Fall Regulatory Agenda Sets Stage for 2019

October 19, 2018

The Trump administration’s latest regulatory agenda lists a number of key dates for important rulemakings regarding the Affordable Care Act’s Cadillac tax, joint employer regulations, and overtime rules.

A DOL proposed rule on joint employment under the FLSA is expected by the end of 2018 or early next year.  Along with the NLRB rulemaking that was published in September, DOL’s effort is intended to provide clarity and more uniform standards nationwide.

A proposed rule on overtime is expected in March 2019.  The rule would increase the salary level threshold for the executive, administrative, and professional exemptions (the so-called "white collar" exemptions) to the FLSA overtime requirement.

A Cadillac tax proposed rule is expected in September 2019 unless Congress further delays the tax later this year or early next year.  The tax is currently set to kick in on January 1, 2022.

A Health Reimbursement Arrangements proposal is expected before the end of 2018 in response to Executive Order 13813, which will expand employers' ability to offer HRAs to their employees and to allow HRAs to be used in conjunction with nongroup coverage.

New EEOC wellness rules, which were struck down by the courts in 2017, are expected to be re-proposed in June 2019 if the Senate confirms President Trump’s nominees early next year.

Outlook:  The agenda lays out an ambitious schedule, especially given the trouble the Administration has had confirming its nominees, who would be in charge of the rulemakings.  Some of the dates are likely to slide.