Other Notable Actions



Reclassifying Contractors Under FLSA

The Department of Labor is proposing to modify its regulations addressing whether workers are employees or independent contractors under the Fair Labor Standards Act (FLSA). The proposed rule would rescind the 2021 Independent Contractor rule and replace it with detailed regulations addressing the multifactor economic reality test that guides the inquiry into a worker’s status as an employee or independent contractor. Comments due November 28.

Pardoning Marijuana Possession

President Biden issued a proclamation granting “a full, complete, and unconditional pardon” to U.S. citizens and lawful permanent residents who committed the offense of simple possession of marijuana. The pardon applies to both individuals who have been convicted of simple possession of marijuana and individuals who committed this offense but have not necessarily been charged with or prosecuted for it.

Emission Standards for Hazardous Air Pollutants

The Environmental Protection Agency issued a final rule amending “the national emission standards for hazardous air pollutants (NESHAP) at major sources from new and existing industrial, commercial, and institutional (ICI) boilers and process heaters.” The rule includes revisions to several emission standards consistent with a previous court opinion and provides further explanation on related issues. Effective December 5.

Flight Attendant Rest Period

The Federal Aviation Administration finalized a rule to “increase the minimum rest period for flight attendants in domestic, flag, and supplemental operations who are scheduled for a duty period of 14 hours or less.” The rule will ensure that the flight attendants “are given a scheduled rest period of at least 10 consecutive hours and that the rest period is not reduced under any circumstances.” Effective November 14.

Temporary Agricultural Employment of H-2A Workers

The Department of Labor (DOL) finalized a rule amending "the certification of agricultural labor or services to be performed by temporary foreign workers in H-2A nonimmigrant status" and the enforcement of applicable contracts. The rule revises "the minimum standards and conditions of employment that employers must offer to workers" and expands enforcement tools available to DOL, among other changes. Effective November 14.

Organic Standards and Production

The Department of Agriculture (USDA) is extending the comment period by 30 calendar days for its proposed rule amending organic livestock and poultry production requirements. Comments now due November 10. USDA is also extending the comment period of an advance notice of proposed rulemaking related to its regulations on inert ingredients in pesticides used in organic production. Comments now due December 31.

Targeting and Eliminating Unlawful Text Messages

The Federal Communications Commission is proposing “to require mobile wireless providers to block texts, at the network level, that purport to be from invalid, unallocated, or unused numbers, and numbers on a Do-Not-Originate (DNO) list.” The commission is seeking comment on the extent of the problem with texts from spoofed numbers. Comments due November 10.

Wall Street Journal Editorial Board: Biden Goes After Gig Workers

Erik Sherman: You Can’t Understand the Job Market if You Don’t Get Self-Employment

Chris Horner: Transparency for Thee, but Not for the SEC

Carolyn Kousky: Ian Was a Warning to Make Flood Insurance Accessible to All

Elise Bean: The Best Way to Protect Infrastructure Spending from Waste and Fraud Is to Set Up an Oversight Body—Right Now

Washington Post Editorial Board: How to Fix America’s Broken Child-care Industry

Lewis Koski: What Can Other Regulated Markets Learn From Cannabis?

Heather Korbulic: How States Can Drive Down Uninsured Rates

Wall Street Journal Editorial Board: California Tries to Regulate 50 States

Bloomberg Editorial Board: UK Pension Fund Scare is a Teachable Moment for Global Financial Regulators

Anjani Trivedi: China is Setting the Rules for Driverless Cars

Governance & Politics

• Biden Proposal Could Lead to Employee Status for Gig Workers, New York Times
• Labor Proposal Could Upend Rules for Gig Workers, Companies, Associated Press
• A Snapshot of Federal Rule-making and its Wide Scope, Federal News Network
• Judges Across US Expand Gun Rights, Taking Cues from Supreme Court, Wall Street Journal
• A New Law Will Make It Easier for Small Businesses to ‘Navigate the Seemingly Never-ending Web of Bureaucratic Red Tape’, Government Executive
• Commerce Defends Ethics After Senator Warren Slams Tech Ties, Bloomberg
• FTC Could Soon Face High Court Reprimand, Real Clear Policy
• Biden’s OIRA Nominee Sets Sights on Circular A-4 Changes, MeriTalk
• Biden’s Pick for OPM Deputy Director Addresses Concerns about Federal Hiring, Retirement Processing, Federal News Network
• I Was a Presidential Science Adviser – Here Are the Many Challenges Arati Prabhakar Faces as She Takes Over President Biden’s Science Policy Office, Government Executive
• An Appeals Court Rules Against DACA, but the Program Continues — for Now, NPR
• Texas Congressman’s Campaign Violated Finance Laws, FEC Says, Forbes
• Speaker Pelosi Urges FCC to Scrutinize Standard General-Tegna Acquisition, Bloomberg

Financial Markets & Housing

• Crypto Regulations are on the Front Burner this Week, Washington Post
• Financial Stability Board Wants to Regulate Crypto Like Banking, Wall Street Journal
• Crypto Rule Suggestions from US Panel Seek to Plug Holes, Forbes
• Crypto Risks Require Same Scrutiny as Wall Street, FSB Tells Regulators, Bloomberg
• OCC Chief Michael Hsu Concerned about Crypto Industry Risk Disclosure, Conflicts, Bloomberg
• Fund Managers, Regulators Wrestle Over Plans to Tighten ESG Rules, Wall Street Journal
• Treasury Lays Groundwork for Ownership Registry, but Questions Remain, Wall Street Journal
• US Treasury Sets New Tax Credit Rule to Expand Affordable Housing, Reuters

Energy & Environment

• EPA Rule Change Expected to Trigger Additional State Regulation, Exacerbate Inflation, Forbes
• EPA's Rules are Late. Is it 'Foot-dragging' or Deliberation?, E&E News
• Voters Want More Protection from Harmful Chemicals: Poll, The Hill
• Equilibrium/Sustainability — Half of Global Reefs may be Unsuitable by 2035, The Hill
• Austria Seeks Allies for Legal Challenge to EU Green Investment Rules, Reuters

Health & Safety

• New Rules Fix 'Flaw' for Families Seeking Obamacare Coverage, Associated Press
• The FDA is Updating the Definition of 'Healthy' and Designing New Labels, NPR
• ‘A New Frontier’ for Hearing Aids, New York Times
• Home Health Services Patients Sue HHS Secretary Over Medicare Policy, The Hill
• The Interior Department has Released its Body-Camera Policy for Law Enforcement Officers, Government Executive
• 64% Of Consumers Have Never Tried to Find Healthcare Prices, New Survey Shows, Forbes

Business & Technology

• White House Issues ‘Blueprint for an AI Bill of Rights’, Wall Street Journal
• Utilities Have a High-Wire Act Ahead, Wall Street Journal
• FTC Clears Tractor Supply’s $320 Million Deal to Buy Smaller Rival, Wall Street Journal
• Supreme Court Wrestles With Case on Pigs, Cruelty and Commerce, New York Times
• US Supreme Court Wrestles with Pork Industry Challenge to California Law, Reuters
• As Warehouses Multiply, Some Cities Say: Enough, New York Times
• California Department of Cannabis Control Tackles Lab Shopping, Forbes
• Colorado Governor Calls for Passage of Marijuana Banking Bill, Forbes
• Red Bull Guilty of 'Minor' Budget Cap Violation, FIA Says, Washington Post
• India’s Tech Regulation Onslaught Poses Dilemma for US Companies, Wall Street Journal

Transportation & Infrastructure

• China Sets the Rules of the Road, Washington Post