On May 12, 2026, the Department of Labor issued Field Assistance Bulletin 2026-02 (“FAB”), announcing a temporary “non”-enforcement policy for the new paper statement requirement under SECURE 2.0, and the Department’s Notice...more
This LawFlash discusses recent developments on the US Department of Labor’s activities regarding ERISA violations, including the department’s stated intent to depart from “regulation by enforcement” and updates to its...more
The U.S. Department of Labor (DOL) issued proposed regulations (available here) on February 25, 2026 (2026 Proposed Regulations) that modify the rules for the delivery of retirement plan statements to plan participants and...more
The US Department of Labor, through its Employee Benefits Security Administration (EBSA), recently issued Field Assistance Bulletin 2026-01 and provided additional perspective through Assistant Secretary Daniel Aronowitz’s...more
On May 12, 2026, the U.S. Department of Labor (DOL)’s Employee Benefits Security Administration (EBSA) issued Field Assistance Bulletin (FAB) No. 2026-02 addressing its temporary enforcement policy regarding pension benefit...more
Although its impact won’t quite rival Beatlemania, the guidance recently outlined in Field Assistance Bulletin (FAB) No. 2026-01, issued April 14, 2026, to the Employee Benefits Security Administration (EBSA) Office of...more
On April 14, 2026, the Department of Labor (“DOL”) issued Field Assistance Bulletin 2026-01 (“FAB 2026-01” or “FAB”). FAB 2026-01 outlines the Employee Benefits Security Administration’s (“EBSA”) enforcement priorities and...more
In January 2026, the Employee Benefits Security Administration (“EBSA”) in the Department of Labor (“DOL”) revised its enforcement priorities to no longer include ESOPs as part of its national enforcement projects. (See...more
On April 14, 2026, the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) released Field Assistance Bulletin No. 2026-01, outlining new enforcement priorities and guiding principles under ERISA. While...more
The U.S. Department of Labor (“DOL”) has released several pieces of guidance related to ERISA fiduciary status and standards of conduct relating to investment selection and related advice in retirement plans. In each case,...more
Earlier this month, the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) issued Field Assistance Bulletin No. 2026‑01, outlining new principles for how the agency will now approach ERISA...more
On April 14, 2026, the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) issued Field Assistance Bulletin No. 2026-01 (FAB) which sets out four enforcement priorities and guiding principles that are...more
Under the federal Family and Medical Leave Act (“FMLA”), eligible employees who work for covered employers may take up to 12 weeks of job-protected leave in a 12-month period. In order to qualify for FMLA leave, an employee...more
Federal labor and employment standards continue to shift as agencies revisit rules issued over the past several years. For HR professionals, staying current on these developments is critical to managing compliance risk and...more
Home care agencies and other third-party employers may soon be able to reclaim the Companionship Services and Live-In Exemptions for caregivers and other domestic service employees, after more than a decade of exclusion, due...more
On June 27, 2025, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued Field Assistance Bulletin (FAB) No. 2025-3 which formally prohibits WHD from seeking or collecting liquidated (double) damages in any...more
The “companionship services” exemption to Fair Labor Standards Act (FLSA) minimum wage and overtime requirements would again be available to third-party agencies that employ home caregivers and live-in domestic service...more
Are home health and personal care workers eligible for overtime? That is a more complicated question than it first appears. In fact, it could be about to change again as certain providers of home health and personal care...more
Home healthcare employers – take note. The U.S. Department of Labor’s Wage and Hour Division (WHD) issued Field Assistance Bulletin No. 2025-4 on July 25, 2025 (FAB), announcing that it will immediately stop enforcing the...more
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
The Department of Labor (DOL) just rolled back a Biden-era practice of demanding that employers pay liquidated damages – in an amount equal to back pay – to resolve wage and hour investigations. The Trump administration...more
On June 27, 2025, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) issued new field assistance indicating it will no longer seek liquidated damages in administrative matters against employers for unpaid minimum...more
Positive news for employers: the Department of Labor (DOL) announced it will no longer enforce the 2024 Biden-era independent contractor final rule that aimed to reclassify gig workers as employees rather than independent...more
The Beltway Buzz™ is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more
The DOL announced that it will not enforce the 2024 independent contractor rule. The pre-2024 multi-factor test will be used for FLSA worker classification disputes....more