News & Analysis as of

Department of Labor (DOL)

Manatt, Phelps & Phillips, LLP

Biden Administration Finalizes Mental Health Parity Rules and Priorities

On September 9, the U.S. Departments of Labor, Health and Human Services, and the Treasury (collectively, the Departments) released a final rule to strengthen implementation of the Mental Health Parity and Addiction Equity...more

McDermott Will & Emery

Landmark Mental Health Parity Final Rule: What Plan Sponsors and Insurers Need to Know

McDermott Will & Emery on

The US Departments of the Treasury, Labor, and Health and Human Services (the Departments) recently issued much-anticipated final regulations under the Mental Health Parity and Addiction Equity Act (MHPAEA). The newly issued...more

McDermott+

HHS, Labor, and Treasury Finalize Mental Health Parity Rule

McDermott+ on

On September 9, 2024, the US Departments of Health and Human Services (HHS), Labor, and the Treasury (collectively, the Departments) finalized a rule titled Requirements Related to the Mental Health Parity and Addiction...more

Morgan, Brown & Joy, LLP

Fifth Circuit Strikes Down Department of Labor’s “80/20” Tip Credit Rule

On August 23, 2024, the Fifth Circuit, in Restaurant Law Center v. U.S. Department of Labor, No. 23-50562 (Aug. 23, 2024), struck down the Department of Labor’s (“DOL”) 2021 rule restricting an employer’s ability to claim tip...more

Faegre Drinker Biddle & Reath LLP

The New Fiduciary Rule (48): Recommendations to Transfer IRAs (DOL)

The stay of the effective dates of the amended fiduciary regulation and amended exemptions means that the “old” DOL fiduciary regulation (the 5-part test) and the existing exemptions continue in effect indefinitely....more

Constangy, Brooks, Smith & Prophete, LLP

DOL has authority to include salary threshold when determining exempt status, appeals court says

During 2024 we have reported on several high-profile cases that have challenged wage-related regulations issued by the U.S. Department of Labor – including tips, independent contractors, and the white-collar exemptions to the...more

Crunched Credit

Embracing ESG (Carefully)

Crunched Credit on

I really don’t want to talk about ESG.  (Actually, I do but pretend I don’t to bolster my well-earned reputation for balance…Hah!).  ESG is so politically fraught…one person’s lodestar is another shibboleth.  Tribal totem of...more

Bricker Graydon LLP

[Ongoing Program] Session 3: Play Offense, Not Defense: Complying with Title IX in an Ever-Changing Environment - October 1st,...

Bricker Graydon LLP on

The 2nd Annual Athletic Department Toolkit Series: Balancing Compliance and Competitive Success in an Era of Change (Higher Education) - New year, new topics. Stay up-to-date on current and forward-looking legal and...more

ArentFox Schiff

Mental Health Parity Act: Final Rule Changes and Implications for Group Health Plans

ArentFox Schiff on

On September 9, the US Departments of Labor, Treasury, and Health and Human Services (the Departments) jointly released a final rule to ensure that group health plans comply with the Mental Health Parity and Addiction Equity...more

ArentFox Schiff

As the (Customs and Trade) World Turns: September 2024

ArentFox Schiff on

Welcome to the September 2024 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and...more

Polsinelli

The Fifth Circuit Confirms the DOL’s Authority to Use Salary Basis Test for FLSA Overtime Exemptions

Polsinelli on

On September 11, 2024, the U.S. Court of Appeals for the Fifth Circuit in Mayfield v. U.S. Department of Labor confirmed that the United States Department of Labor (“DOL”) has the authority to use a salary basis to define its...more

FordHarrison

Fifth Circuit Affirms DOL's Authority to Set Salary Thresholds For FLSA Exemptions

FordHarrison on

Real World Impact: On September 11, 2024, in Mayfield v. Department of Labor, the U.S. Court of Appeals for the Fifth Circuit upheld the Department of Labor’s (DOL) authority to set minimum salary thresholds for overtime...more

Jenner & Block

Client Alert: Loper Bright Matters: Fifth Circuit Vacates Agency Action That Had Survived Under Chevron Deference

Jenner & Block on

In a long-awaited decision in Restaurant Law Center v. US Department of Labor, the US Court of Appeals for the Fifth Circuit vacated a US Department of Labor (DOL) regulation governing the way tipped employees are paid,...more

Ballard Spahr LLP

DOL Authority to Increase Overtime Compensation Thresholds Affirmed

Ballard Spahr LLP on

On September 11, 2024, the United States Court of Appeals for the Fifth Circuit issued its opinion in Mayfield v. Department of Labor, upholding the authority of the Department of Labor (“DOL”) to establish a minimum salary...more

Shipman & Goodwin LLP

New Federal Regulations Strengthening Mental Health Parity Coverage

Shipman & Goodwin LLP on

On September 9, 2024, the U.S. Department of Labor (the “DOL”), the U.S. Department of the Treasury and the U.S. Department of Health and Human Services (“HHS”) jointly released regulations entitled “Requirements Related to...more

Cranfill Sumner LLP

Making it “Rein”: Fifth Circuit Looks to Roll Back Department of Labor Rulemaking Authority

Cranfill Sumner LLP on

A trio of cases before the United States Court of Appeals for the Fifth Circuit have challenged the core of US Department of Labor rulemaking. With varying levels of success. Restaurant Law Center v. DOL pertains to the DOL’s...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Predictions In The 401(k) Space

Whether it’s a presentation or an article, predictions over the fu- ture don’t usually add up. Sure, then the 1964 World’s Fair predicted video phone calls, we all still don’t have our jet- packs, and an article on the Mets...more

Jackson Lewis P.C.

Fifth Circuit Holds DOL Can Set Salary Floor for White-Collar Exemptions

Jackson Lewis P.C. on

The U.S. Department of Labor (DOL) has statutory authority to impose a salary level requirement to qualify for the executive, administrative, and professional (EAP) exemptions under the Fair Labor Standards Act (FLSA), the...more

Hendershot Cowart P.C.

OSHA's Controversial Walkaround Rule

Hendershot Cowart P.C. on

The Occupational Safety and Health Administration (OSHA) introduced a new walkaround rule this year to clarify that, like employers, employees have the right to designate a non-employee third party to be their representative...more

Holland & Knight LLP

Holland & Knight Health Dose: September 10, 2024

Holland & Knight LLP on

Holland & Knight Health Dose is an in-depth weekly dose of legislative and regulatory insights to keep stakeholders abreast of happenings in Washington, D.C., impacting the health sector....more

BakerHostetler

Fifth Circuit Upholds DOL Authority to Set Minimum Salary Threshold for EAP Exemption from FLSA Overtime Requirements

BakerHostetler on

In a follow-up to our previous client alerts on the U.S. Department of Labor (DOL) issuing a new overtime exemption rule and legal challenges to the new rule, a three-judge panel on the Fifth Circuit found that the DOL was...more

Seyfarth Shaw LLP

Fifth Circuit Ruling: 2019 Salary Threshold Increase Did Not Exceed Authority

Seyfarth Shaw LLP on

Seyfarth Synopsis: On September 11, 2024, a panel of the U.S. Court of Appeals for the Fifth Circuit held in Mayfield v. U.S. Department of Labor that the Secretary’s salary test for evaluating overtime exemptions are valid...more

Epstein Becker & Green

FTC and DOJ Signal Continued Interest in Labor Markets with New MOU

Epstein Becker & Green on

On August 28, 2024, the Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ) entered into a new Memorandum of Understanding (MOU) with the U.S. Department of Labor (DOL) and the National Labor Relations...more

Morgan Lewis - ML Benefits

DOL Reiterates Its Focus on Cybersecurity with Updated Guidance

The US Department of Labor (DOL) issued a press release on September 6, 2024 reminding ERISA plan fiduciaries that it considers cybersecurity to be an area of “great concern” and emphasizing that it continues to investigate...more

Kilpatrick

QPAM Exemption Notification Deadline – Sunday, September 15, 2024

Kilpatrick on

On April 2, 2024, the Department of Labor (the “DOL”) finalized its amendment to the Qualified Professional Asset Manager (“QPAM”) prohibited transaction exemption (the “QPAM Exemption”). Among the changes made to the QPAM...more

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