News & Analysis as of

Final Rules Department of Labor (DOL)

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

DOL unveils Model VFCP Model Participant Notice

The Department of Labor (DOL) has issued a model notice for applicants to the Voluntary Fiduciary Correction Program (VFCP)....more

Jackson Lewis P.C.

Employers Still Need to Abide 2024 Independent Contractor Rule Despite DOL Hints of Dropping It

Jackson Lewis P.C. on

In recent court filings in several ongoing lawsuits, the Department of Labor (DOL) has indicated that it will reconsider its 2024 independent contractor rule issued by the Biden Administration and may issue a new rule. The...more

Bradley Arant Boult Cummings LLP

No Rest for the Weary: The Trump DOL Indicates Yet Another Change to Its Independent Contractor Classification Rule Is on the...

Exactly a year ago, we wrote about the final rule issued by the Biden-era U.S. Department of Labor (DOL) regarding the test for determining whether a worker is an employee covered by the Fair Labor Standards Act (FLSA), or an...more

Husch Blackwell LLP

Litigation Looms: ERIC Seeks Stay on 2024 Mental Health Parity Rule Enforcement

Husch Blackwell LLP on

On February 20, 2025, the ERISA Industry Committee (ERIC) announced that its legal counsel submitted a letter to the U.S. Departments of Labor (DOL), Health and Human Services (HHS) and Treasury, requesting a stay of...more

Amundsen Davis LLC

Department of Labor Clarifies Management Cannot Keep Tips From a Tip Pool and Reverts Back to the Dual Jobs Rule

Amundsen Davis LLC on

In January, the U.S. Department of Labor (DOL) issued an opinion letter clarifying managers and supervisors still cannot receive or keep tips, including from a tip pool. This came shortly after the DOL restored the dual...more

Constangy, Brooks, Smith & Prophete, LLP

Trump rescinds EO setting minimum wage for contractors

A new complication for wage and hour compliance. In a new Executive Order entitled, “Additional Rescissions of Harmful Executive Orders and Actions,” President Trump rescinded 18 Executive Orders, including Executive Order...more

A&O Shearman

Texas court upholds Biden administration’s rule on ESG Investing for ERISA fiduciaries

A&O Shearman on

In a recent decision by the U.S. District Court Northern District of Texas, Judge Matthew J. Kacsmaryk ruled that the U.S. Department of Labor’s 2022 Rule (the 2022 Rule) on environmental, social, and governance (ESG)...more

Kilpatrick

Trump Administration's DOL Pauses Litigation of Biden-Era Rule Expanding Davis-Bacon Act Coverage

Kilpatrick on

On February 19, 2025, Judge James Wesley Hendrix for the United States District Court for the Northern District of Texas granted a 90-day stay of ongoing litigation, challenging a Biden-era rule implementing significant...more

Morgan Lewis

DOL’s VFCP Final Rule Adds Limited ‘Self-Correction’ Program for Late Contributions, Participant Loan Failures

Morgan Lewis on

The Employee Benefits Security Administration recently released its final rule amending and restating the Voluntary Fiduciary Correction Program, along with corresponding amendments to a related class exemption, Prohibited...more

Fox Rothschild LLP

Michigan ESTA Gets Last Minute Amendments

Fox Rothschild LLP on

Michigan’s Earned Sick Time Act (ESTA) went into effect on Friday but was met with last minute amendments which were signed by Governor Gretchen Whitmer. The amendments contain key differences employers should consider as...more

Carlton Fields

President Issues Regulatory Freeze: Will the DOL Fiduciary Rule Saga Continue?

Carlton Fields on

The regulatory pendulum has been swinging toward deregulation since Donald Trump was inaugurated last month. On his first day in office, January 20, 2025, President Trump issued a presidential memorandum titled “Regulatory...more

Husch Blackwell LLP

What Constitutes Parity? The ERISA Industry Committee’s Lawsuit Challenging the 2024 Final Rule

Husch Blackwell LLP on

On January 17, 2025, the ERISA Industry Committee (ERIC) filed a lawsuit in the U.S. District Court for the District of Columbia, claiming that the 2024 Mental Health Parity and Addiction Equity Act (MHPAEA) Final Rule...more

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

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

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