Q2 TO-DO: The Biden administration is entering into a crucial stretch to finalize a host of regulations this spring or risk the possibility that they would be overturned via the Congressional Review Act if Washington flips to Republican control in this year’s elections. The CRA sets up a fast-track process for lawmakers to block unpopular executive branch policies that sidesteps the Senate filibuster and, when successful, bars future administrations from enacting substantively similar regulations. It was famously used to kill the Clinton administration’s workplace ergonomics standard after George W. Bush took office, but was a relative afterthought until Republicans resurrected it to great effect in 2017. (Democrats in 2021 used it to a much lesser degree to roll back some late Trump-era policies.) Experts on the CRA’s procedural nuances have pegged late May as the timeframe when rules finalized afterward could be in trouble come 2025. “Around May 22, somewhere in that vicinity, is when rules will be vulnerable to disapproval,” said Steven Balla, co-director of George Washington University’s Regulatory Studies Center. “So anything that’s still really in the pipeline as we enter into April is going to be finished after that, in all likelihood.” The Labor Department has already kicked into gear. In January, it rolled out its revamped criteria for distinguishing independent contractors from full-fledged employees, which is currently subject to a CRA push from the GOP. And last week, it finalized a rule that would ensure that union officials and other outside representatives can accompany federal safety inspectors on worksite visits — over the consternation of employer groups, who have opposed the idea across multiple Democratic presidencies — and, along with two other agencies, clamped down on short-term health plans. The White House’s Office of Information and Regulatory Affairs on Wednesday wrapped up its review of a safety standard for hazardous silica dust exposure, which poses respiratory risks to miners, construction workers and kitchen renovators, putting that rule on track to come out in the next few weeks. OIRA also has several DOL rules in the hopper, including the closely-watched expansion of overtime pay guarantees and fiduciary obligations on certain retirement investment advice. But DOL is far from the only agency vying for OIRA’s attention, and even though administrations are fully aware of the risk of letting regulations slip into the CRA’s lookback window, some inevitably get tripped up by the rulemaking process. GOOD MORNING. It’s Monday, April 1. Welcome back to Morning Shift, your go-to tipsheet on labor and employment-related immigration. This UNC grad recants all past slander against N.C. State. Send feedback, tips and exclusives to nniedzwiadek@politico.com and gyarrow@politico.com. Follow us on X, formerly known as Twitter, at @NickNiedz and @YarrowGrace. WELCOME ABOARD: We’re excited to announce that Lawrence Ukenye is joining Nick and Grace on POLITICO’s labor team. Lawrence most recently worked as a POLITICO fellow and contributed to Morning Score and West Wing Playbook. He is a graduate of Temple University and Philadelphia holds a special place in his heart, despite growing up in the great state of Maryland. Hit him up at lukenye@politico.com or @Lawrence_Ukenye.
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