In an action anticipated since it issued its Notice of Proposed Rulemaking in March, the U.S. Department of Labor (DOL) officially has withdrawn the Joint Employer Final Rule published during the previous administration. The Rescission Final Rule was published on July 30, 2021, and becomes effective on September 28, 2021.
Articles Discussing The Department Of Labor.
U.S. DOL Rescinds Trump-Era Rule Regarding Joint-Employer Status Under the FLSA
On July 29, 2021, the United States Department of Labor (“DOL”) announced that it would rescind the Trump-era rule (the “Joint Employer Rule”) pertaining to the determination of joint employers for purposes of assigning liability for wage and hour violations under the Fair Labor Standards Act (“FLSA”).
Department of Labor Withdraws Joint Employer Regulations
On July 29, 2021, the U.S.
DOL Plan Audits Updated to Include Several Questions About Compliance with Its Cybersecurity Guidelines
In April, we posted about the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) issuing cybersecurity guidance for employee retirement plans. That is, April 14, 2021. Shortly thereafter, the DOL updated its audit inquiries to include probing questions for plan fiduciaries about their compliance with “hot off the press”
DOL Has Started to Audit Compliance with Its Cybersecurity Guidelines
In April, we posted about the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) issuing cybersecurity guidance for employee retirement plans. That is, April 14, 2021. Shortly thereafter, the DOL updated its audit inquiries to include probing questions for plan fiduciaries about their compliance with “hot off the press”
DOL Tells Court It Will Not Defend Proposed Prevailing Wage Rule
The Department of Labor (DOL) has informed a federal court in California that it did not wish to defend the proposed prevailing wage rule, which would impose steep wage hikes, “at the same time that is internally evaluating the propriety of that Rule” in the challenge to stop the agency
Fiduciary Investment Advice: Implications Of Department Of Labor Prohibited Transaction Exception 2020-02
Employers who sponsor and maintain retirement plans on behalf of their employees and who engage investment advisors to provide investment-related advice to participants may take comfort in knowing there is a new prohibited transaction exemption under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) and the Internal
The First 100 Week 14: Pro-Labor and Judicial Nominations Continue and DOL Focuses on Worker Status, Pushes for More Investigators
Stay tuned for Franczek’ s comprehensive recap of the Biden administration’s labor and employment initiatives of the first 100 days in office that will impact employers. In the final week of first 100 days of, the Biden administration, significant labor […]
The post The First 100 Week 14: Pro-Labor and
DOL Proposes Further Delays to New OES Wage Rule
On March 22, 2021, the U.S. Department of Labor (DOL) proposed delaying the implementation of its final rule, entitled “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States.”
DOL Proposes Withdrawal of the Business-friendly FLSA “Joint Employer” Final Rule
On March 11, 2021, the U.S. Department of Labor (DOL) issued a Notice of Proposed Rulemaking to withdraw the Joint Employer Final Rule under the Fair Labor Standards Act (FLSA), which was published during the previous administration and was arguably more business-friendly. The withdrawal indicates DOL will likely propose an alternative that returns to a broader and more extensive interpretation of the joint employer rule that may ultimately impact the determination of who is liable for FLSA wage and hour obligations.
Department of Labor Proposes to Roll Back Joint Employment, Independent Contractor Rules
On March 11, 2021, the U.S. Department of Labor (“DOL” or “the Department”) announced proposals to roll back two Trump administration regulations under the Fair Labor Standards Act (“FLSA” or “the Act”). These proposals are scheduled to be published in the Federal Register on March 12, 2021; interested stakeholders
Department of Labor Announces Non-Enforcement Policy and Intent to Revisit ESG, Proxy Rules
On March 10, 2021, the Department of Labor’s Employee Benefits Security Administration (EBSA) announced that it will not enforce or otherwise pursue enforcement actions with respect to two recently issued final rules amending the “investment duties” regulation under Title I of the Employee Retirement Income Security Act (ERISA).
New DOL Guidance Expanding Eligibility for Unemployment Insurance to Three Categories of Workers
The Department of Labor (DOL) has issued guidance to state unemployment insurance agencies that expands eligibility for Pandemic Unemployment Assistance (PUA).
Beltway Buzz, February 26, 2021
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
The Department of Labor Establishes New Whistleblower Protocols
On February 19, 2021, the U.S.
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