News & Analysis as of

Department of Labor (DOL) Proxy Voting Guidelines

Morgan Lewis - ML Benefits

Beyond ESG: Proxy Voting Provisions to Know in DOL’s ESG Rule

Much has been written, on ML BeneBits and elsewhere, about the US Department of Labor’s (DOL’s) so-called “ESG Rule” issued in November 2022 (the DOL Rule). The DOL Rule, in part, addressed the appropriate factors for an...more

Parker Poe Adams & Bernstein LLP

DOL Removes Certain Restrictions on ESG Considerations in ERISA Plan Investment Management

In November, the Department of Labor (DOL) issued a final rule (Final Rule) that will remove certain restrictions on environmental, social, and governance (ESG) considerations in plan investments. These restrictions were...more

Morgan Lewis

DOL Reframes ESG Investing and Proxy Voting for ERISA Fiduciaries

Morgan Lewis on

The US Department of Labor released a final rule reframing how ERISA-regulated fiduciaries can consider environmental, social, and governance factors in retirement plan investment decision making....more

Proskauer - Employee Benefits & Executive...

DOL’s Latest ESG Proposal: The More Things Change, the More They Stay the Same

On October 14, 2021, the U.S. Department of Labor’s Employee Benefits Security Administration (the “DOL”) published in the Federal Register a new proposed regulation (the “Proposed Rules”) on fiduciary responsibility in...more

Dechert LLP

More ESGcitement From the DOL – New Proposed Investment/Proxy ERISA Regulations

Dechert LLP on

The U.S. Department of Labor (the “DOL”) on October 14, 2021, released a new Proposed Regulation (the “Proposed Regulation”) generally relating to the prudence and loyalty duties under the fiduciary rules of the Employee...more

King & Spalding

Department of Labor Wants to "Remove Barriers" to Consideration of ESG Factors in Investment and Proxy Voting Decisions

King & Spalding on

The U.S. Department of Labor (“DOL”) recently announced a proposed rule that would reverse existing regulations promulgated less than a year ago restricting ERISA plan fiduciaries’ ability to “consider climate change and...more

Littler

Department of Labor Announces Non-Enforcement Policy and Intent to Revisit ESG, Proxy Rules

Littler on

On March 10, 2021, the Department of Labor’s Employee Benefits Security Administration (EBSA) announced that it will not enforce or otherwise pursue enforcement actions with respect to two recently issued final rules amending...more

Proskauer - Employee Benefits & Executive...

DOL Will Not Enforce Trump Administration’s ERISA “ESG” Investing and Proxy Voting Rules

On March 10, 2021, the U.S. Department of Labor (the “DOL”) issued a statement that it intends to revisit its final rules issued late last year on “Financial Factors in Selecting Plan Investments” (summarized here) and...more

Morgan Lewis - ML Benefits

DOL Announces Nonenforcement Policy for New ESG and Proxy Voting Rules

In a somewhat expected development, the US Department of Labor’s Employee Benefits Security Administration (EBSA) issued an enforcement statement on Wednesday announcing that it will not enforce the recently published final...more

Kilpatrick

DOL Issues Non-Enforcement Policy for ESG and Proxy Voting Rules

Kilpatrick on

As 2020 drew to a close, the Department of Labor (“DOL”) finalized a number of regulations relating to the fiduciary duties that apply to ERISA plan investments, including: (1) a final rule generally restricting fiduciaries...more

Roetzel & Andress

Could There Be Changes To ERISA Fiduciary Requirements Under The Biden Administration?

Roetzel & Andress on

President Biden nominated Marty Walsh, Mayor of Boston, as Secretary of Labor, and as his nomination remains pending, questions arise on what changes will be made regarding ERISA fiduciary rules that were established under...more

Morgan Lewis

ERISA Fiduciaries Under a Biden Labor Department: What Is on the Horizon?

Morgan Lewis on

President Joe Biden has been in office for 34 days and his nominee for Secretary of Labor, Marty Walsh, has not yet been confirmed. So far, Mr. Walsh has not publicly stated much regarding his views or intended priorities...more

Proskauer - Employee Benefits & Executive...

Biden Administration Requests Review of DOL’s Final “ESG” Rules for ERISA Fiduciaries – What Does that Mean for the DOL’s Final...

On October 30, 2020, the U.S. Department of Labor (the “DOL”) issued a final rule on “ESG” investing which requires ERISA plan fiduciaries to base investment decisions on financial factors alone, prohibits fiduciaries from...more

Foley Hoag LLP

DOL Issues Final Rule on Proxy Voting by ERISA Plans

Foley Hoag LLP on

The U.S. Department of Labor (the “DOL”) recently issued a final rule (the “Final Rule”) under the Employee Retirement Income Security Act of 1974 (“ERISA”) to clarify plan fiduciaries’ duties with respect to proxy voting and...more

Groom Law Group, Chartered

DOL Issues Final Proxy Voting Rule

On December 16, the Department of Labor (the “Department”) published its final regulation addressing the fiduciary duties that apply to proxy voting and the exercise of other shareholder rights in connection with investments...more

Proskauer - Employee Benefits & Executive...

To Vote, or Not to Vote, That is the DOL’s Proxy Voting Question for ERISA Fiduciaries

On September 4, 2020, the Department of Labor (“DOL”) published a proposed rule (the “Proposed Rule”) that would confirm its position that ERISA’s fiduciary duties of prudence and loyalty apply to an ERISA plan fiduciary’s...more

Morgan Lewis - ML Benefits

DOL’s Proposed New Proxy Voting Rule Could Be a Game Changer for ERISA Fiduciaries

Keeping up the steady stream of new and proposed guidance coming from the US Department of Labor (DOL), the Employee Benefits Security Administration issued a proposed regulation on September 4, 2020 that would require...more

Groom Law Group, Chartered

DOL Proposes Rule Requiring Increased Proxy Voting Analysis and Recordkeeping

On September 4, 2020, the Department of Labor (the “Department”) published a proposed regulation related to proxy voting and the exercise of certain shareholder rights (85 Fed. Reg. 55219, the “Proposed Rule”) by fiduciaries...more

Seyfarth Shaw LLP

To Vote or Not to Vote — That is the Question

Seyfarth Shaw LLP on

Seyfarth Synopsis: On the heels of the Department of Labor’s June proposed regulation throwing cold water on plan fiduciaries’ selecting investments in the environment, social and governance (ESG) space, the agency has now...more

Hogan Lovells

Coronavirus: The Hill and the Headlines – COVID-19 D.C. Update – August 2020 #5

Hogan Lovells on

In Washington - Friday afternoon, House Speaker Nancy Pelosi (D-CA) hosted a meeting with Senate Minority Leader Chuck Schumer (D-NY), White House Chief of Staff Mark Meadows, and Treasury Secretary Steven Mnuchin in a...more

Eversheds Sutherland (US) LLP

DOL “clarifies” its guidance on proxy voting and social investing

On April 23, 2018, the US Department of Labor (DOL) issued Field Assistance Bulletin (FAB) 2018-01 regarding proxy voting, shareholder engagement and economically targeted investments (ETIs) under the Employee Retirement...more

Holland & Knight LLP

DOL Issues New Guidance on Plan Fiduciaries' Proxy Voting Policies

Holland & Knight LLP on

The Employee Benefits Security Administration (EBSA) published Interpretive Bulletin (IB) 2016-1 on Dec. 29, 2016, relating to the exercise of shareholder rights and written statements of investment policy, including proxy...more

Burr & Forman

DOL Updates Guidance on Proxy Voting by Plan Fiduciaries

Burr & Forman on

On December 29, 2016, the U.S. Department of Labor (the “DOL”) released Interpretive Bulletin 2016-1 (“IB 2016-1”) relating to the voting of proxies on securities held in employee benefit plans. IB 2016-1 withdraws the...more

Morgan Lewis

New Guidance Restores 1994 ERISA Proxy Voting Interpretation

Morgan Lewis on

The DOL bulletin also clarifies the ability to consider ESG factors in proxy voting and shareholder engagement. On December 29, 2016, the Department of Labor (DOL) issued Interpretive Bulletin 2016-1 (IB 2016-1),...more

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