News & Analysis as of

Department of Labor (DOL) Final Rules

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

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

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

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

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

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

Constangy, Brooks, Smith & Prophete, LLP

Labor & employment in Week 4 of Trump 2: No love lost.

Everything's enjoined! Almost. It's been a tough week for President Trump, but he doesn't seem to be letting the bad news get him down. To avoid ruining the Valentine's Day mood, I'll keep this week's update short. ...more

Seyfarth Shaw LLP

Federal Lawsuit and Tri-Agency Report Shake Up Mental Health Parity

Seyfarth Shaw LLP on

On January 17, 2025, the U.S. Departments of Treasury, Labor and Health and Human Services (the “Agencies”) released its annual report to Congress assessing compliance with statutory mental health parity requirements under...more

Kerr Russell

Michigan Employers Required to Provide Paid Sick Time Beginning February 21, 2025

Kerr Russell on

Effective February 21, 2025, all Michigan employers will be required to provide employees with paid sick time under the Earned Sick Time Act (ESTA). The ESTA replaces the current rules under the Michigan Paid Medical Leave...more

Woods Rogers

What’s Next at OSHA: Workplace Safety Regulations Under Scrutiny

Woods Rogers on

“The Occupational Safety and Health Act of 1970 is repealed. The Occupational Safety and Health Administration is abolished.” Those are the words of Congressman Andy Biggs (R-AZ) when he introduced H.R. 86 on the floor of the...more

Foley & Lardner LLP

Trump Department of Labor Signals Likely Retreat from Biden Era Independent Contractor Classification Rule

Foley & Lardner LLP on

We’ve written before about the “tennis match” that describes how, with changes in presidential parties, the Department of Labor (DOL) has proposed different tests to determine whether workers are “employees” covered by the...more

Jackson Lewis P.C.

Trump DOL Signals a Back-off from Defending Independent Contractor Rule

Jackson Lewis P.C. on

The Trump Administration has asked the U.S. Court of Appeals for the Fifth Circuit to postpone oral argument in a lawsuit challenging President Joe Biden’s 2024 independent contractor rule. The U.S. Department of Justice...more

Proskauer - Law and the Workplace

White House “Regulatory Freeze” Directive Pauses Most Federal Rulemaking

As expected, the White House issued a directive to the heads of all executive departments and agencies within the first few hours after President Trump’s inauguration on January 20, requesting that they halt all non-emergency...more

Maynard Nexsen

Biden-Era OSHA Regulations Will Be Reassessed by New Trump Administration

Maynard Nexsen on

Two workplace safety regulations advanced under the Biden administration will be reviewed by the Trump team at the U.S. Department of Labor’s Occupational Health and Safety Administration (“OSHA”), and could be rolled back in...more

Husch Blackwell LLP

New Simplified DOL Rules for Self-Correcting Delinquent Contributions

Husch Blackwell LLP on

On January 14, 2025, the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) announced significant updates to the VFCP. These changes, effective March 17, 2025, introduce a self-correction feature for...more

Kilpatrick

DOL Finalizes VFC Program Self-Correction Component for Late Deposits and Loan Failures

Kilpatrick on

On January 14, 2025, the US Department of Labor (“DOL”) released a final regulation revising its Voluntary Fiduciary Correction (“VFC”) Program and related prohibited transaction exemption (“PTE”) 2002-51 to add a...more

Kramer Levin Naftalis & Frankel LLP

Consulting the Crystal Ball — What Employers Can Anticipate in 2025

With Inauguration Day now behind us and a new presidential administration taking control, employers should expect significant changes to many aspects of the federal government’s administrative agenda under a second Donald...more

Benesch

Independent Contractor Owner-Operators and the Second Trump Administration: Motor Carrier Expectations for the Road Ahead

Benesch on

The role of independent contractor owner-operators (“ICOOs”) in the trucking industry has a long history as a business model and also as a lightning rod for scrutiny. ...more

Conn Maciel Carey LLP

Biden’s OSHA Pushes Heat Illness Prevention Rule Close to the Finish Line

Conn Maciel Carey LLP on

On January 14, 2025, just six days before the transition from the Biden Administration to the second Trump Administration, OSHA closed the books on collecting public comments on the agency’s Notice of Proposed Rulemaking...more

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

DOL Releases Final Rule for Self-Correction Under the Voluntary Fiduciary Compliance Program

On January 14, 2025, the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) released its long-awaited final rules regarding changes to the Voluntary Fiduciary Compliance Program (VFCP). The new...more

Holland & Knight LLP

The Trump Administration's Impact on Independent Transportation Contractors

Holland & Knight LLP on

Approximately one year ago, we discussed the impact of the final rule from the U.S. Department of Labor (DOL) regarding whether a worker is an employee or independent contractor under the Federal Fair Labor Standards Act...more

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

H-2B Cap Reached for Additional Returning Workers for First Half of Fiscal Year 2025

U.S. Citizenship and Immigration Services (USCIS) has announced that as of January 7, 2025, the additional returning H-2B worker allotment of 20,716 visas for the first half of fiscal year (FY) 2025 (October 1, 2024, to March...more

Husch Blackwell LLP

MSHA/OSHA Civil Penalty Amounts Increase for 2025

Husch Blackwell LLP on

On January 10, 2025, the Department of Labor’s annual penalty adjustments were published in the Federal Register. The 2025 increases are approximately 2.6%.  The chart below applies to any penalties assessed after January 15,...more

Ruder Ware

Judge Tosses DOL Overtime Increase – What Employers Should Be Considering and Other Wage & Hour Reminders

Ruder Ware on

On November 15, 2024, a federal judge for the U.S. District Court for the Eastern District of Texas struck down the Department of Labor’s (DOL’s) 2024 overtime rule (“Overtime Rule”). This decision came months after the...more

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