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
Articles Discussing The Department Of Labor.
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.
DOL Seeks to Delay Tip Regulations, Independent Contractor Final Rules
One day after President Biden entered office, the White House issued a memorandum directing all agencies to review, and consider delaying, any rules that had been issued by the former administration but that were not yet effective. Following that directive, the U.S. Department of Labor (DOL) has proposed delaying the
DOL Delays Implementation of Updated OES Wage Rule
On February 1, 2021, the U.S. Department of Labor (DOL) formally 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.” This rule was scheduled to go into effect on March 15, 2021. The rule,
DOL Ends Payroll Audit Independent Determination (PAID) Program for Employers
The U.S. Department of Labor (DOL) has announced the immediate termination of its Payroll Audit Independent Determination (PAID) program. The PAID program began in March 2018 as a pilot program to allow employers an alternative method to rectify overtime and minimum wage violations of the Fair Labor Standards Act
Trump DOL Rides Out on Wave of Nine Opinion Letters
In 2017, then-Department of Labor (DOL) Secretary Alexander Acosta, appointed by former President Donald Trump, announced the Wage and Hour Division (WHD) would be reviving the practice of issuing Opinion Letters, seeking to “provide clarity that helps increase compliance to the benefit of all.”
DOL Issues Opinion Letter Regarding Independent Contractor Status of Food Product Manufacturers’ Distributors
The United States Department of Labor’s Wage and Hour Division (WHD) recently issued a letter responding to a food manufacturer’s request for an opinion on whether certain distributors of the manufacturer’s perishable products are employees or independent contractors under the Fair Labor Standards Act (FLSA).
DOL Issues Opinion Letter Addressing Requirements of the “Amusement or Recreational Establishment” Exemption
On January 15, 2021, the Wage and Hour Division (WHD) of the U.S. Department of Labor issued an opinion letter addressing three issues pertaining to utilization of the “amusement or recreational establishment” exemption to the overtime and minimum wage requirements of the Fair Labor Standards Act (FLSA). First, the
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