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What Can Employers Expect in 2022? Labor and Employment Regulations on the Horizon

Tonya Fletcher SPHR, SHRM-SCP
by Tonya Fletcher SPHR, SHRM-SCP on January 6, 2022

The New Year will be starting off with a bang as the Supreme Court will settle whether the Biden administration’s mandate-or-test Emergency Temporary Standard and the healthcare employer mandate can be enforced. Oral arguments at the Supreme Court are set for January 7, 2022.

What are some other items on the immediate horizon in the early part of 2022? Read below to see some of the highlights expected at the federal level.

heat illness prevention

Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. The period for public comment on the advanced notice of proposed rulemaking by OSHA has been extended to January 26, 2022. Currently, OSHA does not have a heat-specific standard.

Exemption from Overtime. The Department of Labor is expected to review – for the third administration in a row – the exemption of executive, administrative and professional employees from the Fair Labor Standards Act minimum wage and overtime requirements. The regulations were updated in January 2020 but another review is expected in the coming months.

Joint employer

Joint Employer. The National Labor Relations Board plans to move forward in the first quarter of 2022 with rulemaking on the standard for determining whether two employers, as defined in Section 2 (2) of the National Labor Relations Act, are a joint employer.

Davis-Bacon Act. The Department of Labor is expected to begin updating these regulations in February 2022. The Davis-Bacon Act of 1931 applies to certain contracts for the construction, alteration, or repair of public buildings and public works and requires that contractors be paid a prevailing wage.

When you partner with a Professional Employer Organization (PEO) like FrankCrum, you gain a team of experts to help you stay in compliance with new and evolving employment regulations. Learn what FrankCrum can do for you by clicking here


Tonya Fletcher SPHR, SHRM-SCP
Tonya Fletcher SPHR, SHRM-SCP

Tonya is the Labor Compliance Manager at FrankCrum. In this role, she leads the FrankAdvice team of HR consultants and manages the delivery and content of best practice HR information to client owners and managers. When she’s not at work, Tonya enjoys international travel.