News & Analysis as of

The United States Department of Labor

The United States Department of Labor is a federal executive department established in 1913 and headed by the Secretary of Labor. The Department's mission is to promote workers's general welfare and... more +
The United States Department of Labor is a federal executive department established in 1913 and headed by the Secretary of Labor. The Department's mission is to promote workers's general welfare and improve working conditions. less -

DOL Provides Clarity & Relief after 5th Circuit Vacates Fiduciary Rule

by Miles & Stockbridge P.C. on

For over two years, employers and financial institutions (specifically broker-dealers) that managed investments for retirement plans have been dealing with compliance and administration of the Department of Labor (DOL)...more

H-1B Visa Holders Working Off Site? Issues for Both Employer and Customer Where H-1B Worker is Located

by Poyner Spruill LLP on

US employers frequently employ H-1B workers and send them to work at a customer’s worksite (third party worksite). This can often occur in the IT space. While this is permissible, it raises some issues for both the employer...more

US Department of Labor Issues Guidance on Fiduciary Rule Compliance

by Shearman & Sterling LLP on

The U.S. Department of Labor issued a Field Assistance Bulletin regarding an anticipated mandate by the United States Court of Appeals for the Fifth Circuit effectuating its opinion that vacates the Fiduciary Rule and related...more

"Me Too" Movement Triggers Legislation in New York State and City

by Jones Day on

On May 9, 2018, New York City Mayor Bill de Blasio signed legislation designed to combat workplace sexual harassment. Similar legislation was passed as a part of the New York State Budget enacted on April 12, 2018. To ensure...more

New York Response to #MeToo: New Laws Target Sexual Harassment

Sweeping new legislation in New York aims to prevent and shine light on sexual harassment. New York State employers will soon be prohibited from mandating arbitration of sexual harassment claims. They must also obtain...more

Window On Washington - Vol. 2, Issue 20

by Clark Hill PLC on

Outlook for This Week in the Nation's Capital - Farm Bill Re-vote? Last week’s vote on the farm bill failed after the Freedom Caucus refused to support the measure. A roll call vote on the motion to reconsider was postponed...more

Beltway Buzz - May, 2018 #2

The Buzz returns renewed and reenergized from last week’s highly successful Workplace Strategies conference in Phoenix, Arizona, where approximately 800 employer representatives gathered with Ogletree Deakins lawyers to...more

Motor Carrier Act Update: Fifth Circuit Confirms Employer-Friendly Burden of Proof

by Bracewell LLP on

On May 16, 2018, the Fifth Circuit Court of Appeals published an opinion unequivocally placing the burden of proof on interstate drivers of motor carriers seeking overtime under the small vehicle exception to the Motor...more

Regulatory Agenda Of Trump Administration Indicates Significant DOL Changes

by Fox Rothschild LLP on

The Trump Administration has issued its regulatory agenda, which is a semi-annual statement of the short- and long-term policy plans of government agencies. The DOL is at the forefront of these changes to come. The agency...more

Don’t Get Caught Playing a Game of Telephone – Importance of Consistent Messaging to Federal, State, and Local Agencies

by Pessin Katz Law, P.A. on

You know the game of telephone – one person whispers a phrase into another’s ear, that person whispers the same phrase into another’s, and so on and so on until the final person is left with a phrase completely different from...more

Reunited and It Feels So Good—The DOL’s Opinion Letters Are Back (Part 3 of 3)

When Lump-Sum Payments to Employees are Earnings for Garnishment Purposes - Welcome to Part 3 of our series on the Department of Labor’s three new opinion letters. We previously looked at the opinion letters on FMLA...more

Hiring Minors in the Heat of the Summer: What Employers Need to Know

by Fisher Phillips on

Summertime is quickly approaching and 'tis the season for beach vacations, fun in the sun, and summer hires—many of which will be under the age of 18 years old. In anticipation of summer hires, employers may want to...more

OSHA News Releases from May 1 through May 15

by Kelley Drye & Warren LLP on

05/11/2018 – Region 2 OSHA News Release – U.S. Department of Labor Cites New York Cosmetics Manufacturer For Safety and Health Hazards Following November 2017 Fire - 05/11/2018 – Region 4 OSHA News Release – U.S....more

When the Law Comes A Callin': A "How To" For Responding to Subpoenas and Document Requests

by PilieroMazza PLLC on

Since the last Presidential election campaign began almost three years ago, there has been a significant public focus on sexual harassment, income inequality, crimes against women, public corruption, and the income gap....more

USCIS and DOJ Partner to Share Data in an Effort to Protect U.S. Workers

On May 11, 2018, U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of Justice (DOJ) issued a Memorandum of Understanding (MOU) expanding their preexisting collaboration with the goal of better...more

Independent Contractors—The More Things Change, The More They Stay The Same

by Fox Rothschild LLP on

I have done a lot of independent contractor work in New Jersey, defended many such cases, from (numerous) unemployment audits to FLSA class actions. The New Jersey test, the A-B-C test, is well-established and one of the...more

Proposed Mental Health Parity Guidance Would Impose Burdensome Disclosure Requirements

On April 23, 2018, the Departments of Labor (DOL), Health and Human Services (HHS) and Treasury (together, the “Agencies”) released proposed frequently asked questions (“FAQs”) related to required disclosures and...more

DOL Again Offers Opinion Letters to Employers

by Akerman LLP - HR Defense on

Employers will once again have another source of guidance on wage and hour issues from the U. S. Department of Labor, which last month reinstated the practice of issuing opinion letters. ...more

Working Wise: United States Department of Labor, Wage & Hour Division – Pilot PAID Program

by K&L Gates LLP on

In this episode, Leann Walsh provides an overview of the U.S. Department of Labor's (DOL) new Payroll Audit Independent Determination Program (PAID). PAID is a six-month nationwide pilot program of the Wage and Hour Division...more

The Unpredictable Fate of the DOL’s Fiduciary Rule

It’s been a long year waiting for the full Fiduciary Rule to take effect, but will it ever truly achieve its intended impact on employer plans and their advisors? As we reported, the DOL’s Fiduciary Rule was supposed to...more

Sometimes, change is anyone’s guess

by Ary Rosenbaum on

An advisor asked me a very interesting question that had me thinking: since a good chunk of what an advisor does is helping a plan sponsor minimize their fiduciary duty, is it a proper plan expense to use assets to pay for...more

Web Exclusive - April 2018: The Top 19 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first four months...more

DOL and Treasury update 2017-2018 regulatory agendas for employee benefits

On May 9, 2018, the principal regulators of US employee benefits published updates to their guidance plans for the coming months. The US Department of Labor (DOL) published its Semi-Annual Regulatory Agenda, stating the...more

DOL Launches “PAID” Program To Resolve Wage Violations

Workers want to get paid, and the U.S. Department of Labor (DOL) is offering a new way to help make sure they do. The DOL’s Wage and Hour Division (WHD) recently launched the Payroll Audit Independent Determination (PAID)...more

New Report To Update Decade-Old Data On The Nation’s Gig Economy Workforce

by Fisher Phillips on

How much has the gig economy changed in the last 13 years? We’re (finally) about to find out. According to Tyrone Richardson at Bloomberg Law, the United States Department of Labor’s Bureau of Labor Statistics (BLS) is...more

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