Here are the latest developments from the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP).
Articles Discussing The Department Of Labor.
DOL Issues Additional Clarification on FMLA, FFCRA, FLSA in COVID-19 Context
The U.S. Department of Labor (“DOL”) recently issued additional clarification on its FAQs and guidance regarding the FMLA and the FFCRA in the context of the COVID-19 pandemic. Some highlights include:
Telemedicine Visits Are “In-Person” Visits with a Healthcare Provider under the FMLA
Telemedicine visits (those medical appointments that are
What Employers Need To Know About DOL’s New Guidance On Return-To-Work, Remote Work, And Wage And Hour Issues
The Department of Labor issued several sets of new guidance materials to employers as return-to-work, remote work, and wage and hour issues remain hot – and sometimes confusing – topics. The agency recognizes that the intersection between the Families First Coronavirus Response Act (FFCRA), the Family and Medical Leave Act (FMLA), and the Fair Labor Standards Act (FLSA) can be a challenging place for compliance purposes, and therefore compiled some additional materials to aid you in navigating this journey.
Department of Labor Releases Guidance for 401(k) Plan Investments in Private Equity
Last month the US Department of Labor (Department) issued an Information Letter stating that it is possible for individual account plans subject to the Employee Retirement Income Security Act of 1974 (ERISA) to offer limited private equity investments in a manner that complies with ERISA, provided certain suitability issues are considered by plan fiduciaries. The Information Letter confirms that a plan fiduciary would not violate ERISA fiduciary duties “solely because the fiduciary offers a professionally managed asset allocation fund with a private equity component.” Similarly, the Information Letter confirms that fiduciaries may offer private equity as a small component of an ERISA plan’s diversified investment option, like a target date fund, a target risk fund, or a balanced fund.
DOL Guidance on ESG Investing by Retirement Plans: Investment Committees Should Handle with Care
The United States Department of Labor (the “DOL”) recently issued a proposed rule on the fiduciary requirements under the federal pension law, ERISA, that apply to the selection and monitoring of environmental, social, and corporate governance (“ESG”) investments in retirement plans. Under the proposed rule, which would be effective 60
DOL Publishes Updated FMLA Forms and Seeks Public Comment on Management of FMLA
On July 16, 2020, the Wage and Hour Division of the U.S. Department of Labor (DOL) published new efforts to improve management of leave under the Family and Medical Leave Act of 1993 (FMLA).
DOL Issues Return-to-Work Guidance Under the Families First Coronavirus Response Act
On July 20, 2020, the U.S. Department of Labor issued additional guidance on return-to-work issues under the Families First Coronavirus Response Act (FFCRA). Enacted at the end of March, the FFCRA provides emergency paid sick leave, and paid family leave under the Family and Medical Leave Act (FMLA) for
DOL Publishes New FMLA Forms, Signals More to Come with Expansive Request for Information on FMLA
On July 16, 2020 the Department of Labor (“DOL”) unveiled its new FMLA forms. As we previously reported, the DOL announced its plan to revamp the forms in August 2019. However, the DOL made further revisions to the August 2019 drafts based on public comments. The new forms can be
DOL Broadly Defines When a Summer Camp or Program is a Child’s Place of Care for FFCRA Leave
Originally posted on our Wage and Hour Insights Blog In Field Assistance Bulletin No. 2020-4, issued June 26, 2020, the United States Department of Labor, Wage and Hour Division, recognized a number of ways an employee can establish eligibility for Family First Coronavirus Response […]
DOL Issues More Guidance on School Closure Issues Related to FFCRA Paid Leave and FLSA Child Labor Limitations
As employers know, Congress recently enacted the Families First Coronavirus Response Act (FFCRA), which requires most public employers and private sector employers with less than 500 employees to provide paid leave to
Emergency Paid Sick Leave: U.S. Department of Labor Enforcement Efforts On The Rise
Back in February of this year, when employees were still reporting to work and the COVID-19 pandemic was just starting to gain national attention, there was great concern that infected employees with insufficient sick leave would report to work because they needed income. The federal government’s first response was
Fluctuating Workweek Redux: Department of Labor Finalizes Revised Methodology
On June 8, 2020, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) published its revised fluctuating workweek methodology regulation for calculating overtime in the Federal Register. The new final rule goes into effect on August 7, 2020.
May Unemployment Data and the Impending End of the FPUC $600 Weekly Benefit
On June 4, 2020, the U.S. Department of Labor reported initial unemployment claims continue to show a decreasing trend. For the week ending May 30, 2020, 1,877,000 initial claims were filed, a decrease of 249,000 from the prior week.
Expanding the Safe Harbor for (Certain) Electronic Disclosures
We previously wrote about the Department of Labor’s proposed expansion of its safe harbor for electronic delivery of certain retirement plan disclosures required under ERISA. The wait is finally over, with publication of the final rule (the “New Rule”) helped along by the DOL’s desire to alleviate some of the
DOL Withdraws Industry Lists from its Retail or Service Establishment Exemption Interpretative Rule
Originally posted on our Wage & Hour Insights Blog. I believe most would agree, the Department of Labor’s (DOL) interpretative guidance typically provides useful insight to employers navigating often tricky wage and hour laws. This was not the case with […]
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