On September 4, 2025, the Trump administration released its Spring 2025 Unified Agenda of Regulatory and Deregulatory Actions thanks to an inadvertent leak a few weeks prior. The agenda provides employers with some guidance regarding the rules the Trump administration and its federal agencies will be pursuing over the next six months. The key labor and employment developments are as follows:

• OSHA plans to take up heat injury and illness prevention. Unfortunately, the agenda does not include any updates regarding a potential final rule, but OSHA does state it “is continuing to examine how to establish standard specifically related to heat-related injury and illness prevention.”

• The Wage and Hour Division is set to address independent contractor (IC) issues, joint employer rules, overtime, and federal contractor minimum wage.

• Independent Contractors. According to the agenda, “The Department intends to rescind the 2024 IC rule and is considering how it will proceed with respect to independent contractor classification under the FLSA employee or under the FLSA.” DOL is no longer enforcing the 2024 IC rule, and a proposal is expected in September.

• Joint Employment. The first Trump administration issued a rule regarding joint employment under the Fair Labor Standards Act (FLSA) that was rescinded by the Biden administration in July 2021. Now, “The Department is considering a notice of proposed rulemaking to adopt regulations that would guide WHD’s enforcement of FLSA joint employer liability and help promote greater uniformity among court decisions nationwide.” A proposal is planned for December 2025.

• According to a press release, “The department will determine whether certain salaried employees are exempt from FLSA minimum wage and overtime requirements.” However, that entry is listed in the “Long-Term Actions” section of the agenda, meaning that the department does not expect any action on the issue within the next twelve months.

• Federal Contractors’ Minimum Wage. It appears the administration plans to clarify the minimum wage requirements for employees of federal contractors. 

• Immigration. Unsurprisingly, the Trump administration’s immigration agenda is set to tighten rules to restrict access and increase security.

• Practical Training. Later this month, U.S. Immigration and Customs Enforcement plans to issue a proposed rule to “amend existing regulations to address fraud and national security concerns, protect U.S. workers from being displaced by foreign nationals, and enhance the Student and Exchange Visitor Program’s capacity to oversee the program.” USCIS Director Joseph Edlow stated he’d like to “remove the ability for employment authorizations for F-1 students beyond the time that they are in school.”

• Reforming the H-1B Nonimmigrant Visa Classification Program. In December 2025, U.S. Citizenship and Immigration Services (USCIS) “will propose to reform the H-1B program by revising eligibility for cap exemptions, providing greater scrutiny for employers that have violated program requirements, and increasing oversight over third-party placements, among other provisions.”

• Biometrics. USCIS plans to focus on biometrics from individuals “throughout the entirety of the immigration lifecycle,” including in both enforcement proceedings and the adjudication of any immigration application, petition, or benefit. This proposal is slated for October 2025. 

• Weighted Selection Process for H-1B Petitions. USCIS plans to amend the current H-1B lottery process to “favor beneficiaries whose proffered wages correspond to higher Occupational Employment and Wage Statistics wage levels.” The proposal will not affect the recently implemented beneficiary-specific selection procedure.

• The EEOC and NLRB did not include submissions in the agenda.