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Quick Hits
- The U.S. Senate voted to confirm Andrew Rogers as the administrator of the DOL’s Wage and Hour Division.
- Rogers’s appointment could impact the Wage and Hour Division’s enforcement priorities and investigations.
Rogers will be responsible for pushing forward the Wage and Hour Division’s regulatory agenda. This may include rulemaking concerning independent contractor classification, joint-employer status, overtime exemptions under the Fair Labor Standards Act (FLSA), and the minimum wage for federal contractors. Rogers also will administer the agency’s opinion letter program and the Payroll Audit Independent Determination (PAID) program, which permits employers to self-report violations of the FLSA and the Family and Medical Leave Act (FMLA).
On February 4, 2025, Rogers was appointed as the acting general counsel of the U.S. Equal Employment Opportunity Commission (EEOC) after President Donald Trump removed the previous general counsel, Karla Gilbride. Previously, Rogers served as chief counsel to the EEOC chair and in the WHD, where he focused on regulations and opinion letters. Before that, Rogers practiced labor and employment law in the private sector, and he clerked for then-Chief Judge Harvey Bartle III of the U.S. District Court for the Eastern District of Pennsylvania.
Next Steps
Employers may wish to stay abreast of any proposed regulations or executive orders related to the FLSA, FMLA, and other federal labor laws as the Trump administration seeks to reverse a number of regulatory actions undertaken by the Biden administration.
Ogletree Deakins will continue to monitor developments and will provide updates on the Governmental Affairs and Wage and Hour blogs as new information becomes available.
This article and more information on how the Trump administration’s actions impact employers can be found on Ogletree Deakins’ Administration Resource Hub.
James J. Plunkett is a shareholder in Ogletree Deakins’ Washington, D.C., office.
This article was co-authored by Leah J. Shepherd, who is a writer in Ogletree Deakins’ Washington, D.C., office.
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