News & Analysis as of

Department of Labor (DOL)

Parker Poe Adams & Bernstein LLP

Fifth Circuit Declines Reconsideration of FLSA Salary Rule Decision

Last year in a rare victory for the Department of Labor, the Fifth Circuit Court of Appeals rejected a claim by a Dairy Queen franchisee that the Fair Labor Standards Act prohibits DOL from establishing any minimum salary for...more

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

Employer Group Sues to Block Mental Health Parity Rules

Only weeks after the principal effective date for the final 2024 federal mental health parity rules for employer-sponsored health benefit plans, those rules—and specifically some key features that are frustrating...more

Orrick, Herrington & Sutcliffe LLP

District Court denies request to restrain agencies from sharing records with DOGE

On February 14, the U.S. District Court for the District of Columbia denied a request to restrain the DOL, the HHS, and the CFPB from providing DOGE personnel access to the agencies’ records systems containing personal...more

Foley & Lardner LLP

Is Your Nonprofit Slashing Benefits to Offset Federal Funding Cuts?

Foley & Lardner LLP on

On February 6, 2025, the Trump administration (the Administration) issued an executive order (the Review Order) directing the heads of Federal executive departments and agencies (Agencies) to review all funding the Agencies...more

Mintz

Biden Administration's DOL Rule Permitting ESG Investments Survives Legal Challenge

Mintz on

4 Last week, a federal district judge in the Northern District of Texas upheld a rule promulgated by the Biden Administration's Department of Labor enabling ESG-focused investing. Specifically, the court determined that the...more

DCI Consulting

Department of Labor Announces Annual HIRE Vets Award Cycle

DCI Consulting on

On February 13, 2025, the Department of Labor announced the opening of the HIRE Vets Medallion Award cycle. This award is the only federal award recognizing employers for investing in recruiting, employing and retaining...more

Proskauer - Law and the Workplace

DOL Appeal of Decision Invalidating 2024 Overtime Rule Likely on Last Legs

On November 15, 2024, in State of Texas v. United States Dep’t of Labor, the United States District Court for the Eastern District of Texas ruled that the U.S. Department of Labor (DOL) exceeded its rulemaking authority by...more

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

What Will Trump 2.0 Mean for Employee Benefits? - One Place to Look for Clues: Project 2025

Even as high-priority issues such as diversity, equity, and inclusion (DEI), immigration, and Ukraine take center stage in the first months of the new presidential administration, many employers are wondering what the next...more

Parker Poe Adams & Bernstein LLP

NLRB Counsel Withdraws Non-Compete Memo

The National Labor Relations Board’s acting general counsel withdrew a memorandum issued by his predecessor that characterized some non-competition agreements with employees as violations of federal labor laws....more

Parker Poe Adams & Bernstein LLP

Lawmakers Raise Concerns About Deletion of OSHA Publications

The Occupational Safety and Health Administration (OSHA) is facing scrutiny over the alleged removal of numerous workplace safety documents from public access, particularly those containing words such as "diverse,"...more

Foley & Lardner LLP

Practical Implications of Immigration Enforcement Activity on Retirement Plans

Foley & Lardner LLP on

The second Trump administration is intensely focused on enforcement of U.S. immigration laws. Understandably, employers are concerned about immigration visits and Form I-9 compliance, and human resource professionals are...more

Proskauer - Law and the Workplace

DOL’s Power to Set Salary Minimum for Overtime Exemption Ripe for SCOTUS Review

On February 14, 2025, the Fifth Circuit denied the appellants’ petition for rehearing en banc in Mayfield v. United States Dep’t of Labor—a September 2024 decision holding that the U.S. Department of Labor’s authority to...more

Proskauer - Law and the Workplace

EEOC Announces Enforcement Focus on “Illegal Preferences Against American Workers”

On Wednesday, February 19, 2025, Acting Equal Employment Opportunity Commission (“EEOC”) Chair Andrea R. Lucas announced the EEOC plans to target employers that “illegally prefer non-American workers,” as well as “staffing...more

Proskauer Rose LLP

Axed ALJ Removal Protections Mark Big Shift For NLRB

Proskauer Rose LLP on

The continued legal challenges to the constitutionality of certain aspects of the National Labor Relations Board and the National Labor Relations Act took a potentially significant turn in a decision issued by the U.S....more

Bass, Berry & Sims PLC

Updated Voluntary Fiduciary Correction Program for ERISA Plans Includes Self-Correction Features

Bass, Berry & Sims PLC on

As announced in our previous HR Law Talk blog post, on January 15, the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) published a much anticipated amended and restated version of the...more

Littler

GSA Announces FAR Deviations Consistent with the Revocation of Executive Order 11246

Littler on

On February 15, 2025, the director of the U.S. General Services Administration (GSA), in his capacity as chair of the Civilian Agency Acquisition Council (CAAC), issued a CAAC Letter authorizing executive agencies to deviate...more

Holland & Knight LLP

The Rise and Fall of the DOL's Long-Anticipated Proposed Regulation on "Adequate Consideration"

Holland & Knight LLP on

The U.S. Department of Labor (DOL) on Jan. 16, 2025, released its long-awaited proposed regulation interpreting the definition of "adequate consideration" as applied to private company stock acquired or sold by an employee...more

Jackson Lewis P.C.

NLRB Acting GC: Student-Athletes Are Not Employees

Jackson Lewis P.C. on

On February 18, 2025, National Labor Relations Board Acting General Counsel William Cowen rescinded a September 2021 memorandum in which former Board General Counsel Jennifer Abruzzo declared college athletes should be...more

Husch Blackwell LLP

Trump Administration Nominates New Assistant Secretaries for OSHA and MSHA

Husch Blackwell LLP on

Over the last week, the Trump administration has put forward its nominees for Assistant Secretary for both the Occupational Health and Safety Administration (OSHA) and the Mine Health and Safety Administration (MSHA)....more

Stevens & Lee

H-1B Fiscal Year 2026 Is Here: New Registration Fee, Increased Scrutiny Expected

Stevens & Lee on

Last week, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the Fiscal Year 2026 H-1B lottery will open at noon EST on March 7, 2025, and run through noon EST on March 24,...more

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

Member of Congress Introduces Bill to Abolish Occupational Safety and Health Administration

U.S. Representative Andy Biggs (R-AZ) first introduced the “Nullify the Occupational Safety and Health Administration Act” or “NOSHA Act” in November 2021, legislation aimed at abolishing the Occupational Safety and Health...more

Akin Gump Strauss Hauer & Feld LLP

Ending Illegal Discrimination and Restoring Merit-Based Opportunity (Trump EO Tracker)

The Order rescinds all diversity, equity, and inclusion (DEI) practices or programs across all executive departments and agencies. It also revokes the following executive actions: Executive Order 12898 of February 11, 1994...more

Cozen O'Connor

Cozen Cities - February 19, 2025

Cozen O'Connor on

CHICAGO — Restaurant Workers Prepare as ICE Arrests Cast Uncertainty -Chicago restaurant workers are bracing for possible U.S. Immigration and Customs Enforcement (ICE) arrests, despite no confirmed raids. Fears have led...more

Tarter Krinsky & Drogin LLP

Executive Orders Challenge DEI Programs With Potential Impact For All Workplaces

In a matter of days, the White House issued multiple significant Executive Orders (“EOs”) regarding Diversity, Equity and Inclusion (“DEI”) programs. The situation is highly fluid. On February 3, several groups filed suit...more

Seyfarth Shaw LLP

Former Safety Director David Keeling Nominated to Lead OSHA

Seyfarth Shaw LLP on

On February 11, 2025, President Trump nominated David Keeling as Assistant Secretary of Labor for OSHA, pending Senate confirmation. Keeling, with extensive experience in occupational safety, is expected to adopt a...more

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