News & Analysis as of

Department of Labor (DOL)

A&O Shearman

Crypto in and ESG out—DOL changes to 401(k) plan governance

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The U.S. Department of Labor (DOL) recently announced two significant changes to 401(k) plan investments, signaling an increase in latitude for fiduciaries who wish to make available cryptocurrency investments in their plans...more

Littler

Policy Week in Review – June 2025

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U.S. Department of Labor Expands Opinion Letter Program  - In an effort to increase official guidance and provide compliance assistance to the regulated community, the U.S. Department of Labor expanded its opinion letter...more

Epstein Becker & Green

Hot Topics in Employee Benefits: A Primer for In-House Lawyers

“ERISA, you’ll need a lawyer for that.” Our practice group’s tagline is meant to be a shorthand for the alphabet soup of laws that apply to employee benefits, including the Employee Retirement Income Security Act (ERISA)....more

Fisher Phillips

DOL Reboots Opinion Letter Program to Offer Guidance on Wage and Hour, Workplace Safety, and More

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The US Department of Labor just relaunched and significantly expanded its opinion letter program, offering employers across five enforcement agencies a direct line to legal interpretations of federal laws on wage and hour,...more

Paul Hastings LLP

CLARITY Act Unveiled, SEC Issues Staking Guidance and 401(k) Crypto Ban Reversed

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This week’s tracker covers several significant developments in crypto policy. Lawmakers released a new draft of the CLARITY Act, a market structure bill that would expand the CFTC’s role and clarify how digital assets are...more

Kilpatrick

The Ninth Circuit Rejects Plaintiffs’ Challenge to 401(k) Investments in Private Equity

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On May 22, 2025, the Ninth Circuit affirmed a district court’s decision to reject a class action lawsuit brought against fiduciaries of Intel defined contribution retirement plans that challenged the plan managers’ decision...more

Stoel Rives - World of Employment

DOL Signals Business Friendly Independent Contractor Standard: What Employers Need to Know

The U.S. Department of Labor (DOL) recently stated that it will not enforce an employee-friendly independent contractor rule implemented by the Biden administration in 2024 (“Biden Rule”). The Biden Rule made it more...more

Jackson Lewis P.C.

New DOL/EBSA Opinion Letter Program Offers A Path to Clarity for Plan Sponsors

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On June 2, 2025, the U.S. Department of Labor (DOL) announced a significant expansion of its compliance assistance tools by launching an Opinion Letter Program across five key enforcement agencies, including the Employee...more

Parker Poe Adams & Bernstein LLP

Labor Department Shifts Positions on ESG Investments and Cryptocurrencies in 401(k) Plans

As anticipated, the Department of Labor (DOL) recently changed its position with respect to certain investment choices that 401(k) plan fiduciaries sometimes consider or make available to plan participants, including...more

Akerman LLP - HR Defense

The Do’s and Don’ts of Internships

It’s that time of year again. Tens of thousands of high school, college, and graduate students will descend on employers this summer, looking to gain practical work experience in the various fields in which they have...more

Cranfill Sumner LLP

Hiring Seasonal Employees for the Summer? Catch Up on the Latest in Federal Overtime Law.

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With summer nearing, employers across North Carolina and the country are swelling their ranks with seasonal employees. This article aims to update employers about the current state of federal law for paying workers who work...more

Berkshire

OFCCP White House Budget Proposes Elimination of OFCCP

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The White House has released the President’s fiscal 2026 budget proposal, along with a technical supplement appendix with detailed budget estimates. Of particular interest to federal contractors, the proposal seeks to...more

Troutman Pepper Locke

ESG Investing in 401(k) Plans – More Rule Changes on the Way

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In our recent client alert, “Texas Federal Court Allows an ERISA Fiduciary Challenge Against Alleged “ESG Investing” Without Any ESG Funds,” we reported that a Texas district court recently upheld Biden-administration...more

Seyfarth Shaw LLP

“Dear DOL”: Labor Department Re-Launches Opinion Letter Program

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In a welcome development for employers navigating complex federal employment laws, the U.S. Department of Labor has announced the re-launch of its opinion letter program across several agencies, including the Wage and Hour...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Trump Administration Proposes Elimination of OFCCP, Launches New Opinion Letter Program for Labor Guidance

The Trump administration plans to completely eliminate the Office of Federal Contract Compliance Programs (OFCCP) and transfer the agency’s remaining authority to enforce protections in federal contractors for veterans and...more

Rumberger | Kirk

Supreme Court Sides with Alabama Plaintiffs Caught in “Catch-22”

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In Williams v. Reed, 145 S. Ct. 465 (2025), the United States Supreme Court reversed an Alabama Supreme Court decision affirming the dismissal of plaintiffs’ Section 1983 claims for lack of jurisdiction, based on the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Department of Labor Announces Expansion of Interpretation Letters Initiative

On June 2, 2025, Deputy Secretary of Labor Keith Sonderling announced a renewed and expanded commitment by the U.S. Department of Labor (DOL) to the issuance of interpretation letters—commonly referred to as opinion letters...more

Fisher Phillips

Knowledge Is POWER: Here’s How Philadelphia Businesses Can Comply With The City’s New Employment Protections

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Philadelphia employers now face more investigations and stiffer punishment under a new law the mayor approved last week. The POWER Act, signed on May 27 and taking effect immediately, adds sweeping worker protections...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

DOL offers temporary policy on transfers of small amounts to state unclaimed funds

The Department of Labor recently issued Field Assistance Bulletin (FAB) 2025-01, which amounts to a temporary enforcement policy around the transfer of small retirement plan benefits — think $1,000 or less — to state...more

Holland & Hart - The Benefits Dial

No Shoes, No Shirt, No Problems… But Nonenforcement Policy Doesn’t Make Mental Health Parity Compliance Optional

The Departments of Labor, Treasury, and Health and Human Services (the “Departments”) recently announced a nonenforcement policy with respect to the 2024 Mental Health Parity and Addiction Equity Act (“MHPAEA”) regulations or...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Full Circle: Why Retirement Plan Providers Need to Rethink the Business of 401(k) Plans

There’s a lesson I’ve learned from life, law, and a few thousand hours of 401(k) consulting: Time is undefeated. It catches up with people, ideas, firms, and reputations. I’ve watched good advisors lose their way, and...more

Littler

U.S. Department of Labor Expands Opinion Letter Program

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On June 2, 2025, the U.S. Department of Labor (DOL) expanded its opinion letter program, which should provide guidance on areas handled by multiple enforcement agencies within the DOL. Publication of opinion letters is a...more

Jackson Lewis P.C.

Department of Labor Proposed Budget Seeks To Completely Dismantle OFCCP

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According to the U.S. Department of Labor’s (DOL) fiscal year 2026 proposed budget, the Department is set to fully eliminate the Office of Federal Contract Compliance Programs (OFCCP) next fiscal year, which begins October 1,...more

Fisher Phillips

New York Retailers Must Act Now to Comply With New Safety Act: Model Policy and Training Materials Available for Immediate Use

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Now that the June 2 effective date for New York’s landmark retail safety law is here, the state Department of Labor has released model policy and training materials to help you with your compliance efforts. New York retailers...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on . . . Successful Summer Internship Programs

With Memorial Day in the rearview mirror and the month of June upon us, many companies and organizations throughout the country are preparing to kick off the summer by welcoming an incoming cohort of summer interns....more

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