Law360 Interviews RPJ’s Deena Merlen on DOL Deregulation Plan and Impact on Workers’ Rights

In an interview with Law360, RPJ’s Deena Merlen discussed a deregulation plan recently announced by the U.S. Department of Labor (DOL) that the DOL characterizes as an effort to reverse “costly and burdensome rules imposed under previous administrations” and to spur job creation and fuel economic opportunity for American workers and businesses.

The DOL’s plan includes 63 deregulatory actions, many of which dismantle existing worker protections.  For example, the DOL intends to undo minimum wage and overtime protections established during the Obama administration for domestic workers, and roll back Biden-era safeguards for temporary farmworkers. Additionally, the agency is withdrawing a Biden-era initiative that would have phased out the opportunity for employers to pay workers with disabilities less than minimum wage under Section 14(c) of the Fair Labor Standards Act. These are but a few of the numerous deregulatory actions that the DOL is undertaking with this initiative, which are designed to advance the administration’s agenda and are responsive to President Trump’s executive order earlier this year directing federal agencies to rescind 10 regulations for every new one enacted.

Additional details regarding the Department of Labor’s 63 deregulatory items will be posted in the Federal Register.  In her interview with Law360, Ms. Merlen noted that she anticipates a strong public response, including “a massive amount of commenting from the public” during the public comment period and possible legal challenges from worker advocates. Despite these anticipated challenges, she states, “I do expect to continue to see this deregulation at a rather furious pace.”

Ms. Merlen also cautions that without the presence of clear government regulations and safeguards, worker protections become susceptible to vulnerability, as employers would have increased discretion and face less external scrutiny.  She emphasized the risks associated with reduced government oversight, cautioning that the rollback of regulations could lead to “less reporting, less accountability, less transparency, more being left to the employers.”

As the labor landscape evolves, Ms. Merlen urges both employers and workers alike to remain vigilant and stay informed on federal and state-level developments and the potential implications they will have for workplace compliance and employee rights.

Read the full article here.

This article is intended as a general discussion of these issues only and is not to be considered legal advice or relied upon. For more information, please contact RPJ Partner Deena R. Merlen, who counsels clients in areas of employment and labor law, intellectual property, media and entertainment, general business law, commercial transactions and dispute resolution. Ms. Merlen is admitted to practice law in Connecticut and New York.