News & Analysis as of

Department of Labor (DOL) Audits

McAfee & Taft

DOL confirms cybersecurity guidance applies to health and welfare plans

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On Friday, September 6, 2024, the U.S. Department of Labor confirmed that its cybersecurity guidance applies to all employee benefit plans, including health and welfare plans. In 2021, the DOL issued guidance providing best...more

Harris Beach PLLC

[Webinar] Demystifying the 2025 H-2B Visa Program: What Seasonal Employers Need to Know - August 27th, 9:00 am - 10:30 am EST

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One of the most pressing issues facing seasonal businesses continues to be labor – specifically how to secure reliable employees to fill seasonal and permanent needs. Advertising does not always work and if you are lucky...more

Dunlap Bennett & Ludwig PLLC

The New Guidance From DOL On Using AI In The Workplace

A recent Executive Order from the Biden administration noted the “promise and peril” of artificial intelligence (AI). For instance, AI has the potential to transform the workplace in unprecedented ways. Its capabilities range...more

Harris Beach PLLC

The “Modernized” H-2A Program: What Every Agricultural Business Needs to Know for 2025!

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Want to know more about the 2025 H-2A Visa Program? Besides reading the below deep dive, you can register for our September 10 webinar, where we'll discuss the 2025 process, employer obligations and compliance requirements,...more

Bricker Graydon LLP

Did Your Auditors Find an Error During Your Plan Audit?

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It is the first week of summer, even though in Ohio the smoldering heat has made it feel like summer for weeks now. Summer reminds many of us of pool days, eating watermelon and corn on the cob, Fourth of July fireworks, and...more

Proskauer - Government Contractor Compliance...

OFCCP Issues Its 2024 Audit List – Was Your Company On It?

On June 7, 2024, OFCCP released its latest Corporate Scheduling Announcement List (CSAL). The list identifies 500 supply and service contractors and subcontractors selected for a Compliance Review (Establishment Review),...more

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

DOL’s Child Labor Enforcement Expected to Be Hotter Than Ever This Summer

In fiscal year (FY) 2023, more than half of all U.S. Department of Labor (DOL) child labor investigations resulted in a violation. Of the 955 child labor investigations with violations—a 14 percent increase over the prior...more

Trusaic

DOL Updates FLSA OT Rule: What It Means for Your Pay Equity Efforts

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The U.S. Department of Labor (DOL) announced a final rule that establishes the new salary threshold for overtime consideration at $43,888 under the Fair Labor Standards Act (FLSA). The new threshold takes effect July 1, and...more

Holland & Hart - Employers' Lawyers

DOL Issues Final Rule Increasing Salary Limits for Overtime Exemptions – Now What?

The highly anticipated Department of Labor (DOL) final rule is here with a potential July 1, 2024 implementation date. The rule significantly increases the minimum salary threshold for certain overtime exemptions under the...more

DirectEmployers Association

OFCCP Week in Review Special Edition | DEAMcon24 Day One Recap

The following is Part 1 of a 3-Part series reporting on the 24 presentations at the DirectEmployers (“DE”) Annual Meeting (DEAMcon24) of Members and the public. DE will publish the second installment on Monday, April 22, and...more

Foley & Lardner LLP

OFCCP AAP Certification Contractor Portal is NOW OPEN

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On March 25, 2024, the U.S. Department of Labor (DOL) issued its annual notice that the Office of Federal Contract Compliance Programs (OFCCP) Contractor Portal, for certification of contractor affirmative action program...more

Proskauer - Law and the Workplace

New York and New Jersey Legislatures Introduce Bills That Seek to Regulate Artificial Intelligence (“AI”) Tools in Employment

Employers who rely on artificial intelligence driven tools for their recruiting and hiring processes may face new regulations in New York and New Jersey. In the past few weeks, three bills have been proposed (two in New...more

ArentFox Schiff

EPA Finalizes Changes to the Clean Air Act’s Risk Management Program

ArentFox Schiff on

On March 1, the US Environmental Protection Agency (EPA) announced finalized amendments to the Clean Air Act’s Risk Management Program (RMP) through the Safer Communities by Chemical Accident Prevention Rule (Final Rule). ...more

DirectEmployers Association

Big Budget Opponents Again Stop a Final Federal FY 2024 Budget While Congress Keeps to Agreement to Limit Agency Spending to FY...

US DOL Budget Will Remain at its Present Level Through March 22, 2024 - It has now become clear that neither Republicans nor Democrats have the stomach to shut the federal government agencies down, but neither does either...more

DirectEmployers Association

OFCCP Has Formally Proposed to Resurrect Monthly CC-257 Employment Utilization Reports for Construction Contractors to Give OFCCP...

Proposed Version of Reinstated Form Would Have Multiple Changes- In a move perhaps akin to a vampire or zombie story, OFCCP is seeking public comments regarding its sudden proposal (not mentioned in its Semi-Annual...more

DirectEmployers Association

OFCCP Week In Review: February 2024 #4

Tuesday, February 20, 2024: Telecommuting Decreased in 2022, But Still Far Above Pre-Pandemic Numbers, U.S. Census Bureau Reported - Among U.S. workers, 15.2 percent worked from home in 2022, down from almost 17.9 percent...more

Trusaic

How to Comply with the New DOL Independent Contractor Rule

Trusaic on

The U.S. Department of Labor (DOL) has provided final guidance on employee vs. independent contractor classification under the Fair Labor Standards Act (FLSA). On Jan. 9, the DOL Independent Contractor Rule was published. ...more

DirectEmployers Association

DE Under 3: US DOL Inspector General’s Office Plans to Review Effectiveness of OFCCP Compliance Evaluations

Dive into this week's DE Under 3 for more on how the U.S. Department of Labor's Office of Inspector General intends to conduct an audit focusing on the effectiveness of OFCCP Compliance Evaluations, according to its 22-page...more

DirectEmployers Association

OFCCP Week In Review: October 2023 #5

Wednesday, October 25, 2023: Senate Confirmed Nomination of Jessica Looman to Head US DOL’s Wage and Hour Division - Senator Sullivan Only Republican Voting in Favor - By a 51-46 largely party-line vote, the U.S. Senate...more

Stark & Stark

[Event] RIA Compliance and Legal Strategies Conference - November 9th, Hamilton, NJ

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The RIA Compliance and Legal Strategies Conference is an essential event for registered investment advisors to gain a valuable understanding of current regulatory and compliance-related issues. Attendees will earn 4 CFP CE...more

Guidepost Solutions LLC

Navigating Corporate Risk: The Imperative of Thorough H-1B Program Audits

In the realm of corporate risk, immigration-related concerns often take a back seat. But a closer look at the current Administration’s actions reveals where priorities lie and which industries, sectors, and companies may be...more

Bricker Graydon LLP

Avoiding the Cost of an Annual Plan Audit Just Got Easier for Thousands of Employers

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In welcomed news, under newly released DOL regulations, the Department of Labor (DOL) has updated the Form 5500 filing requirements to reduce the number of plans that will be required to obtain an annual audit. The rule...more

Mitratech Holdings, Inc

NILG’s 2023 Phoenix Conference: Hot Topics from a Hot Place

The NILG Annual Conference is an excellent barometer for what is happening in equal opportunity, affirmative action and Diversity Equity and Inclusion (DEI). At this year’s Conference, held in Phoenix, the hot (pun intended,...more

Rumberger | Kirk

Employers Should Revamp Pay Practices Following Labor Rulings

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New direction from court rulings has caught the attention of employment lawyers, signaling that employers should be auditing and adjusting their pay practices. The rulings involve one of the oldest employment laws—the...more

Holland & Hart - The Benefits Dial

You Can Count On Me…But Check Your Math When Counting Participants for the 5500 Audit Rule!

Bruno Mars may be crooning “Count on me,” but make sure you don’t overcount your retirement plan participants! New rules may allow you to leave some employees out of the count, which could save you the expense of the annual...more

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