Fighting Trump DOL’s Regulations One Comment at a Time
NWJP takes action to fight back against the Trump administration’s goal to strip workers of their rights in many ways, including by submitting public comments on proposed changes to regulations. Agency regulations provide detail about how a law should work in practice. These regulations typically go through a process called “notice and comment,” where the agency must give the public notice of the change it proposes to make and allow the public the opportunity to respond. Submitting public comments is an essential tool in the fight to resist deregulation and protect workers’ rights.
Even when faced with a hostile administration unlikely to be swayed by our opinion, submitting comments is still important. First, it can slow down the regulatory process and buy time for political change. The law requires agencies to review, consider, and respond to arguments raised in the public comments. This process takes significant time and agency resources and can delay finalization of the rule, sometimes long enough that we can limit the harm or avoid its implementation altogether under a new administration.
Second, public comments lay essential groundwork necessary to challenge an adopted regulation in court. Commenters can point out flaws with agency reasoning, information about potential impacts that the agency didn’t consider, and data that contradicts their position. If agencies don’t adequately respond, that can create a legal vulnerability to challenge the regulation.
This summer, NWJP submitted public comments on two notices of proposed rulemaking published by the US Department of Labor. The proposed rules would sharply narrow who is covered by federal wage and hour, agricultural worker protection, and medical leave laws, leaving workers without basic protections. These changes would affect who is considered an employee versus an independent contractor and whether an entity is considered a joint employer. This means fewer workers protected and less accountability for those who benefit from workers’ labor, while avoiding their duty to ensure compliance with these laws.