Wage and Hour Regulatory Moves to Watch in 2026

Labor and Employment attorney Timothy Taylor was interviewed for a Law360 article about what could appear on the Trump Administration's wage and hour regulatory agenda for 2026. After a relatively quiet 2025, professionals anticipate some action on the independent contractor rule and joint-employer liability under the Fair Labor Standards Act (FLSA). The U.S. Department of Labor (DOL) already stopped enforcing the regulation on independent contractors, which created a six-part economic realities test to determine whether workers are employees or independent contractors, though what could replace it remains unknown. Mr. Taylor, who previously served as Deputy Solicitor of Labor at DOL, noted timing could play a role in shaping the plan for the year and advised looking to previous administrations to help predict where the department will focus rulemaking efforts.

"I think the best indicator of what they may add is simply looking at the past, what other Biden rules might they be interested in rescinding, and or what earlier rules that are more typical of Republican administrations may they be interested in resurrecting," he commented.

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