Federal Corner
The Federal Corner is an initiative of the Florida Chamber under the Small Business Council and the Litigation & Regulatory Reform Center that tracks and engages in federal rules out of Washington, D.C., that may be problematic for Florida businesses.
The Federal Corner is intended to provide details of what is happening in Washington, D.C., that may impact your business. It’s important that if these federal provisions apply or potentially apply that you are aware so you can take advantage or take the proper steps accordingly.
On Friday, February 20th, the United States Supreme Court struck down major chucks of the Trump administration’s tariff agenda. The 6-3 vote comes after a long-awaited decision on if Trump could use his executive authority to institute tariffs under the International Emergency Economic Powers Act (IEEPA). The court stated that Trump did not have the authority under the IEEPA and this authority falls to Congress, which has exclusive power over taxation and spending. President Trump in response signed a 10% global tariff under the Trade Act of 1974, which is not associated with the law the Supreme Court just struck down. The Florida Chamber will continue to follow this issue closely.
In other news, the Department of Homeland Security (DHS) is undergoing a partial government shutdown. Their previous funding agreement has expired, and Congress on Feb. 13 was unable to come up with a new funding agreement. The democrats are demanding new guardrails on ICE. Not every agency under DHS is shutdown but many employees are still working without pay. TSA for example has been affected by the shutdown, and travelers could see an increase in airport lines if Congress is unable to come to a funding agreement.
If you would like to engage in our federal legislative or regulatory advocacy efforts, please contact Florida Chamber Vice President of Government Affairs, Carolyn Johnson, at cjohnson@flchamber.com.
Department of Labor Minimum Wage Rate Changes Regarding Federal Contractors
On February 9th, the United States Department of Labor (DOL) noticed a new set of minimum wage rates for federal contractors covered by to $13.65 an hour and increased the minimum wage that must be paid to tipped workers with covered contracts to $9.55 an hour. This comes after the Trump administration in 2025 revoked President Biden’s Executive Order 14026, which raised the minimum wage for federal contractors to $15. Executive Order 13658 primarily applies to contractors whose contracts are in connection with the Davis-Bacon Act and the Service Contract Act and were entered into or renewed, or extended between January 1, 2015, and January 29, 2022.
“No Tax on Tips” (Final Rule Published, In Effect)
In September 2025, the U.S. Treasury announced its rule on “No Tax on Tips,” a provision that was passed under the One Big Beautiful Act. In November 2025, the IRS and Treasury issued the final rule to guide employees who received tips and overtime during the 2025 tax year. The final rule includes 68 qualifying tipped occupations and specifies that these tips must be voluntarily paid and in cash or through other payment. Available through 2028, those in eligible occupations can deduct up to $25,000 in tip income on their taxes and the deduction phases out for those that make more than $150,000 ($300,000 for joint filers). The list of occupations includes beverage and food service staff, entertainment, hospitality, transportation and wellness services. The notice provides further detail explaining how these deductions are applied. For further information, click here.
U.S. Department of Labor Independent Contractor Rule (New Rule Forthcoming, U.S. Department of Labor Suspended Enforcement)
On January 9th, the U.S. Department of Labor (DOL) sent to the White House a proposal to reverse course on the independent contractor classification standard under the Fair Labor Standards Act. This review is standard prior to a proposed rule being published on the Federal Register.
It is not surprising that the Trump Administration is looking to change the standard. DOL announced last year that it was rescinding the 2024 Independent Contractor rule, citing 5 legal challenges. The U.S. Department of Labor (DOL) also previously announced that its Wage and Hour Division will stop enforcement of the 2024 independent contractor rule and will instead apply the more business-friendly “longstanding principles” to determine independent contractor classifications, which was the standard under the previous Trump Administration. DOL has said their new rule will be “deregulatory in nature.”
In 2024, the Biden Administration’s DOL independent contractor rule took effect, replacing the approach of the first Trump Administration and reimplementing the Obama Administration’s “totality of the circumstances” test, meaning that no single factor determines the worker’s status and all aspects of the work relationship may be considered. The Florida Chamber believes this rule interfered in the employer-employee relationship and resulted in many more workers being classified as employees as opposed to independent contractors.
For businesses that rely on the independent contractor model, 2024’s rule could have increased costs due to the reclassification of some contractors as employees – leading to minimum wage, overtime pay, and additional benefit obligations. The rule could have also led to increased compliance costs and liability concerns due to the misclassification of workers. Multiple business groups filed suit against the DOL’s authority to issue this rule, and this litigation is still playing out in court.
Occupation Safety and Health Administration Heat Rule (Pending; Florida Chamber Submitted Comments)
In response to the Occupational Safety and Health Administration (OSHA) proposed rule on heat illness and injury in the workplace, the Florida Chamber of Commerce and Florida Chamber Leadership Cabinet submitted formal comments on behalf of Florida businesses. The major concerns include an estimated $10 billion in increased compliance costs annually, the unintended consequences of a blanket one-size fits-all approach as opposed to site-specific, business-led solutions, and the outsized impact on Florida’s key economic sectors.
In 2026, OSHA is expected to proceed with reviewing the docket and received comments regarding the pending heat standard in 2026 but it is unclear still when the final rule will be published in the Federal Register. While the rule was proposed under the Biden Administration, it is still expected that OSHA will issue a scaled back heat safety rule.
Several national business groups have called for the adoption of the Nevada standard, which only requires a written plan. A virtual public hearing was held earlier last year and the deadline for post-hearing comments was October 30, 2025. The Florida Chamber Safety Council will continue to lead on heat safety in the workplace, providing free resources to businesses found on the heat stress prevention platform.
Occupational Safety and Health Administration Union Walk Around Rule (In Effect, Pending Ongoing Litigation)
The Occupational Safety and Health Administration (OSHA) rule allowing workers to select a union representative to accompany OSHA inspectors walking around employers’ workplaces – regardless of whether the workplace is unionized or the representative selected by the workers is an employee of the business being inspected – took effect nearly two years ago on May 31, 2024. The rule changes the previous requirement that the representative accompanying the OSHA inspector must be an employee and could present significant challenges for employers.
The final rule is likely to increase union participation in the inspection process and could potentially be problematic as representatives with unknown motives are now allowed to participate in inspections of employers’ property. The rule also means sensitive information could potentially be shared with union representatives, even in non-union workplaces, which could lead to increased union participation. There have also been concerns raised that representatives may be more focused on finding violations rather than working collaboratively to improve safety.
A coalition of business leaders have filed a lawsuit challenging the OSHA rule. The Trump administration may review this rule and could potentially overturn the rule in the coming years.