Total Articles: 16
The Department of Labor Publishes Final Regulations Regarding 408(b)(2) Fee Disclosures
On February 3, 2012, the Department of Labor (“DOL”) published final regulations setting out the fee disclosure rules for persons or entities providing services to retirement plans governed by ERISA. See Treas. Reg. §2550.408-2; 77 Fed. Reg. 023 (Feb. 3, 2012) pgs. 5632-5659. These regulations detail the disclosures that a covered service provider must furnish to a covered plan fiduciary before that fiduciary may enter into or extend contracts for services to the plan under a new prohibited transaction class exemption.
DOL Issues Rule Requiring Federal Service Contractors to Hire Contract Predecessor’s Employees
More than two years ago, President Barack Obama issued Executive Order 13495, “Nondisplacement of Qualified Workers Under Service Contracts.” The Executive Order requires contractors (including subcontractors) under a contract that succeeds a contract for performance of the same or similar services at the same location offer the predecessor contractor’s employees a right of first refusal of employment under the contract. On August 29, 2011, the U.S. Department of Labor published its final rule implementing the Executive Order. The Rule will not take effect until the Federal Acquisition Regulatory Council (FAR Council) issues regulations. Federal service contractors should start preparations for the Rule’s implementation.
DOL Launches More Smartphone Apps
The Department of Labor is apparently on a smartphone app kick. After launching a mobile timesheet app in May (see our post, U.S. Department of Labor Launches Timesheet App to Help Employees Independently Track Hours), the DOL followed up with an OSHA Heat Safety Tool, and now a Labor Statistics app where you can “get the latest numbers from the Bureau of Labor Statistics and the Employment and Training Administration – Unemployment Rate, Consumer Price Index, Average Hourly Earnings and many others – delivered right to your phone.”
U.S. DOL Seeks New Employment-Law-Related Apps
Did you know that the U.S. Department of Labor is in the blogosphere? Well, it certainly is. The "official blog" of the DOL is named, "Work in Progress." Catchy, isn't it? And the social-media engagement doesn't stop there. The DOL recently announced that it is sponsoring a contest to solicit employment- and employment-law-related apps.
One-Way "Bridge to Justice" Now In Place.
The U.S. Labor Department/American Bar Association lawyer-referral program we wrote about earlier is underway. This so-called "Bridge to Justice" is now described on the U.S. Wage and Hour Division's website.
Get Ready for New Guests: Federal Auditors to Come Calling
Following a substantial increase in funding and a mandate to increase its enforcement activities, the United States Department of Labor (DOL) is planning to audit hotels, motels, and resorts across the country beginning on October 1, 2010. Many of the hundreds of new DOL investigators will examine hospitality industry employers, which may include businesses located at an establishment and staffing companies that provide workers to the hospitality industry.
DOL Clarifies Status of "Administrator Interpretations".
As we previously reported, the U.S. Wage and Hour Division says that it will no longer provide substantive responses to fact-specific requests for interpretation submitted by employers or other individuals. At the recent DOL "Stakeholder Forum" in which Fisher & Phillips participated in Washington, D.C., officials indicated that this position includes requests that were pending at the time the new policy was announced.
DOL To Focus Upon Top-Down Industry Compliance.
Fisher & Phillips participated last week in a Washington, D.C. "Stakeholder Forum" conducted by the U.S. Labor Department's Wage and Hour Division. A recurring theme during this session was the Division's focus upon industry- and sector-wide compliance initiatives under the federal Fair Labor Standards Act.
DOL Opinion Letters under FLSA? Not Anymore.
On March 24, 2010, the U.S. Department of Labor's Wage and Hour Division announced that it would no longer issue opinion letters under the Fair Labor Standards Act. This was the first announcement made along with an interpretation during the Obama administration.
U.S. DOL Job Tools Voting Ends Tomorrow.
The U.S. Department of Labor (DOL), has been conducting an interesting online initiative designed to identify the best online job search and career advancement tools. They currently have 610 tools (!) posted on their site and are seeking input from people who have used the tools.
DOL's 2010 Budget Calls for an Increase in Enforcement Funding.
Secretary of Labor Hilda Solis recently submitted the Department of Labor (DOL's) proposed budget, which, she states, will restore worker protection programs, promote green jobs, and ensure accountability and transparency. Under this budget, the DOL expects to hire nearly 1,000 new employees, including about 670 investigators, restoring worker protection staffing to FY 2001 levels.
A Quantum Of Solis.
President Obama has selected Hilda L. Solis as his choice for Secretary of Labor. Solis has been a Democratic member of the U.S. House of Representatives for the past seven years, representing a district just east of Los Angeles, California. While Solis's confirmation was delayed because of questions concerning her husband's business, she is widely expected to be confirmed by the Senate. Labor leaders throughout the country are ecstatic; business leaders, not so much. In this article we'll take a look at some of the more important aspects of her career.
Democratic Representative Hilda Solis Nominated for Secretary of Labor.
Many clients have asked for more information regarding Representative Hilda Solis, whom President-Elect Obama nominated for Secretary of Labor on December 19, 2008. Ms. Solis is serving her fourth term in Congress, representing California's 32nd Congressional District, and was re-elected to a fifth term in November 2008. Prior to her election to the House of Representatives, Ms. Solis was a member of the California state senate from 1994 through 2001. She was a member of the California state assembly from 1992 to 1994.
Improved DOL Website Helps Employers Comply.
In May, the U.S. Labor Department rolled out its FirstStep Recordkeeping, Reporting and Notices elaws Advisor. This Advisor is another attempt by the DOL to help employers comply with some of the major federal labor and employment laws.
Informer Privilege Shields Employee Statements Made to DOL.
After the DOL brought this action against Raceway for alleged FLSA violations, Raceway sought to compel production of statements given by its current and former employees to the DOL during the governments investigation.
U.S. Department of Labor Releases New elaws Tool To Help Employers Comply With Federal Law.
On May 6, 2008, the Department of Labor issued the press release below concerning a new online tool that may be useful to determine which federal laws apply to the employer. The online tool takes the user through a series of questions regarding industry, size, geographic location, and other issues. Then the guide lists particular laws which may apply to the employer, complete with links describing posting requirements and other information regarding the applicable laws.
