News & Analysis as of

Department of Labor (DOL)

Morris, Manning & Martin, LLP

A Friendly DOL Amicus Brief on Forfeitures

On July 9th, the Secretary of Labor filed an amicus brief with the Ninth Circuit relating to the appeal of Hutchins v. HP, Inc. In that case, a participant claimed that forfeitures should have been used to offset plan...more

Jackson Lewis P.C.

Federal OBBBA Round-Up: What Employers Need to Know Now

Jackson Lewis P.C. on

President Donald Trump signed H.R. 1, “One Big Beautiful Bill Act” (OBBBA), on July 4. The OBBBA affects a wide range of workplace issues, including immigration, benefits, and employment tax liabilities. Below is only a brief...more

Poyner Spruill LLP

Employer-Friendly Changes at US Department of Labor

Poyner Spruill LLP on

The United States Department of Labor (“DOL”) announced two changes in June 2025 which are beneficial for employers....more

Fisher Phillips

Agricultural Employers’ Compliance Cheat Sheet: Summer 2025

Fisher Phillips on

Managing a farm workforce can be a heavy lift. Agricultural employers must keep up with farm labor laws and workplace regulations that seem to constantly change, so we created this zero-waste resource for ag professionals and...more

DCI Consulting

OFCCP Begins Sending Closure Letters Following Secretary’s Order 08-2025

DCI Consulting on

On July 2, 2025, Secretary of Labor Lori Chavez-DeRemer issued Order 08-2025, which outlines the Office of Federal Contract Compliance Programs’ priorities and enforcement actions related to Section 503 of the Rehabilitation...more

Verrill

Do We Have to Make It a Top Hat Plan?

Verrill on

Employers and their compensation advisors often assume that an arrangement to pay employees in the future for work done over time will be subject to the rules for ERISA pension plans unless it is limited to a “select group of...more

Robinson & Cole LLP

Legal Update: DOL Proposes to Expand Availability of Companionship and Live-In Domestic Service FLSA Exemptions

Robinson & Cole LLP on

Employers in the home health care industry should take note of a recent proposal by the U.S. Department of Labor (DOL) that could change the way employees providing companionship services and live-in domestic services are...more

Fox Rothschild LLP

Proposed Rules Would Eliminate Most Affirmative Action Requirements for Federal Contractors

Fox Rothschild LLP on

In a sweeping shift, the Department of Labor (DOL) has proposed to rescind nearly all affirmative action requirements that apply to federal contractors under EO 11246 and Section 503. The changes, outlined in recent...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Another Year, Another Reminder: Fees Still Matter – Especially for Small Plans

The just-released 25th Edition of the 401k Averages Book confirms what many of us on the fiduciary side have known—and preached—for years: fees continue to fall, but not evenly. While this is welcome news, it’s also a wake-up...more

Littler

OFCCP Seeks Input on Revised Complaint Forms

Littler on

Having recently announced a resumption of its processing of complaints alleging discrimination on the basis of disability or veteran status, the Office of Federal Contract Programs (OFCCP) published a notice in the Federal...more

Carlton Fields

Unsafe Harbor? Deregulation and the Limit of the Secure Act Safe Harbor for Selection of Lifetime Income Provider

Carlton Fields on

On January 31, 2025, President Trump signed Executive Order 14192, titled“ Unleashing Prosperity Through Deregulation.” Its stated purpose was to encourage the reduction of private expenditure required to comply with federal...more

DLA Piper

OFCCP director urges federal contractors to voluntarily report on affirmative action program wind-downs

DLA Piper on

On June 27, 2025, Director of the US Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) Catherine Eschbach issued a letter to federal contractors asking them to volunteer information on their efforts...more

DCI Consulting

OFCCP Resumes Section 503 and VEVRAA Enforcement

DCI Consulting on

On July 2, 2025, U.S. Secretary of Labor Lori Chavez-DeRemer issued Order 08-2025, which allows the Office of Federal Contract Compliance Programs (OFCCP) to resume its enforcement activities related to Section 503 of the...more

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

Supreme Court Allows Trump Administration to Continue Plans to Reduce Federal Workforce

On July 8, 2025, the Supreme Court of the United States granted the Trump administration’s request to stay a lower-court judge’s order blocking President Donald Trump’s plan to reduce and restructure the federal workforce,...more

Ice Miller

Practical Impact of the U.S. Supreme Court’s Injunction Ruling on Employers

Ice Miller on

On June 27, 2025, the United States Supreme Court issued a ruling in the case of Trump v. CASA, Inc. that limited the power of federal district courts to issue universal injunctions....more

Jackson Lewis P.C.

Employers Won’t Face Double Damages from DOL Wage and Hour Division’s Administrative Proceedings

Jackson Lewis P.C. on

The U.S. Department of Labor’s Wage and Hour Division (WHD) has issued new internal guidance that significantly changes its approach to administrative settlements under the Fair Labor Standards Act (FLSA). In Field Assistance...more

DCI Consulting

Where is the Updated Annual VEVRAA Hiring Benchmark?

DCI Consulting on

Historically, the Office of Federal Contract Compliance Programs (OFCCP) has published an annual Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) hiring benchmark on or around March 31st. However, as of July 8th,...more

Morgan Lewis

US Department of Labor Rolls Back Biden-Era FLSA Practices

Morgan Lewis on

The US Department of Labor has recently rolled back two critical Biden-era wage and hour practices. First, the DOL has stated that it will no longer enforce the 2024 Final Rule’s framework for determining employee or...more

Seyfarth Shaw LLP

WHD Makes it Clear: Double Damages are (Liqui)Dated

Seyfarth Shaw LLP on

The DOL’s Wage and Hour Division just scrapped its policy of seeking liquidated damages (double damages) in FLSA investigations. Why? Because it probably didn’t have the statutory authority in the first place, and doing so...more

Proskauer - Government Contractor Compliance...

OFCCP Proposes Sweeping Overhaul of Federal Contractor Compliance Rules

On July 1, 2025, the Office of Federal Contract Compliance Programs (“OFCCP”) released three notices of proposed rulemaking that, if adopted, will change federal contractors’ affirmative action obligations....more

Fisher Phillips

Wave of Deregulation Hits DOL: What Employers Need to Know About the 60+ Rules on the Chopping Block

Fisher Phillips on

The U.S. Department of Labor just quietly launched one of the most sweeping deregulatory efforts in recent memory, advancing over 60 proposals that could reshape workplace rules across industries. From overtime and minimum...more

Stoel Rives - World of Employment

OFCCP to Resume Veterans/Disability Enforcement, Administratively Close Pending Compliance Reviews

Last week, U.S. Secretary of Labor Lori Chavez-DeRemer issued Order 08-2025 and the Office of Federal Contract Compliance Programs (OFCCP) issued a Bulletin explaining the Secretary’s Order.  Importantly for federal...more

Littler

OFCCP Proposes New Rules to Clarify Federal Contactor Obligations Following the Revocation of EO 11246

Littler on

President Trump’s revocation of Executive Order 11246 on January 21, 2025, left federal contractors and subcontractors wondering what would be required going forward. On July 1, OFCCP published three Notices of Proposed...more

Littler

DOL Proposes Rule to Reinstate Companionship & Live-in Exemptions from Minimum Wage and Overtime for Third-Party Employers

Littler on

On July 2, 2025, the U.S. Department of Labor’s Wage and Hour Division issued a proposed rule that would reinstate the Fair Labor Standards Act’s (FLSA) minimum wage and overtime exemption for home care workers employed by...more

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

WHD Drops Proposal to End Subminimum Wages for Workers With Disabilities

The U.S. Department of Labor (DOL) Wage and Hour Division (WHD) is withdrawing a Biden-era proposal to end the practice of paying subminimum wages to workers with certain disabilities after determining that the agency lacks...more

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