News & Analysis as of

Rulemaking Process Final Rules Department of Labor (DOL)

Jackson Lewis P.C.

Employers Still Need to Abide 2024 Independent Contractor Rule Despite DOL Hints of Dropping It

Jackson Lewis P.C. on

In recent court filings in several ongoing lawsuits, the Department of Labor (DOL) has indicated that it will reconsider its 2024 independent contractor rule issued by the Biden Administration and may issue a new rule. The...more

Mintz

Biden Administration's DOL Rule Permitting ESG Investments Survives Legal Challenge

Mintz on

4 Last week, a federal district judge in the Northern District of Texas upheld a rule promulgated by the Biden Administration's Department of Labor enabling ESG-focused investing. Specifically, the court determined that the...more

Proskauer - Law and the Workplace

DOL Appeal of Decision Invalidating 2024 Overtime Rule Likely on Last Legs

On November 15, 2024, in State of Texas v. United States Dep’t of Labor, the United States District Court for the Eastern District of Texas ruled that the U.S. Department of Labor (DOL) exceeded its rulemaking authority by...more

Jackson Lewis P.C.

Trump DOL Signals a Back-off from Defending Independent Contractor Rule

Jackson Lewis P.C. on

The Trump Administration has asked the U.S. Court of Appeals for the Fifth Circuit to postpone oral argument in a lawsuit challenging President Joe Biden’s 2024 independent contractor rule. The U.S. Department of Justice...more

Husch Blackwell LLP

MSHA/OSHA Civil Penalty Amounts Increase for 2025

Husch Blackwell LLP on

On January 10, 2025, the Department of Labor’s annual penalty adjustments were published in the Federal Register. The 2025 increases are approximately 2.6%.  The chart below applies to any penalties assessed after January 15,...more

Bricker Graydon LLP

Long-Awaited DOL Salary and Overtime Rule is Announced

Bricker Graydon LLP on

After months of speculation, the U.S. Department of Labor (DOL) has published its long-anticipated final rule increasing the salary threshold for persons exempt from overtime requirements. The new rule, which increases base...more

King & Spalding

Congressmembers Send Letter to Departments Raising Provider Concerns with No Surprises Act Implementation

King & Spalding on

On March 18, 2024, thirty-nine (39) members of the United States House of Representatives sent a letter urging federal agencies to finalizing rulemaking regarding the implementation of the No Surprises Act. The letter,...more

Butler Snow LLP

DOL Final Independent Contractor Rule Already Facing Legal Challenges

Butler Snow LLP on

Following multiple delays, and after ongoing litigation stalled its previous rulemaking attempts, the U.S. Department of Labor issued its long-anticipated independent contractor final rule on Tuesday, January 10, 2024,...more

Mintz - Employment Viewpoints

The DOL Issues a Final Rule Returning the Independent Contractor Classification Analysis under the FLSA to a More...

The U.S. Department of Labor (the “DOL”) recently issued a final rule (the "2024 Rule") which reverts the independent contractor analysis back to a multifactor, totality-of-the-circumstances review that, as compared to the...more

Perkins Coie

Five Questions Companies Are Asking About DOL's New Independent Contractor Rule - Updated

Perkins Coie on

The U.S. Department of Labor (DOL) published its final independent contractor rule on January 10, 2024. The final rule revises the Trump administration’s interpretation of “employee” under the Fair Labor Standards Act (FLSA)...more

Seyfarth Shaw LLP

The Biden Administration Issued Its Fall 2023 Regulatory Agenda – What Can We Expect From the DOL Wage and Hour Division’s...

Seyfarth Shaw LLP on

Seyfarth Synopsis: On December 6, 2023, the Biden Administration announced the release of its Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions. The U.S. Department of Labor’s Wage and Hour Division continues to...more

Husch Blackwell LLP

NLRB Issues Final Rule on Joint-Employer Status

Husch Blackwell LLP on

On October 27, 2023, the National Labor Relations Board (NLRB) published its final rule on the standard for determining joint-employer status under the National Labor Relations Act, effective December 26, 2023. The new rule...more

ArentFox Schiff

No More Surprise Medical Bills: Biden Administration Issues New Rule Governing Arbitration Fees and Takes First Step to Restarting...

ArentFox Schiff on

On September 21, 2023, the US Departments of Treasury (DOT), Labor (DOL), and Health and Human Services (HHS) (the Departments) issued new rulemaking governing the administrative fee required to access the arbitration process...more

Constangy, Brooks, Smith & Prophete, LLP

USDOL proposes to expand minimum wage, OT protections by increasing minimum salaries for White Collar exemptions

After repeated promises and repeated delays, the U.S. Department of Labor has released proposed regulations to revise the compensation requirements of the White Collar and Highly Compensated Employee exemptions of the Fair...more

Proskauer - Law and the Workplace

DOL Rescinds Trump-Era Joint Employer Rule

The U.S. Department of Labor announced on July 29 that it will rescind the March 2020 rule on Joint Employer Status under the Fair Labor Standards Act (the “2020 Rule”).  The DOL’s action removes the regulations established...more

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

The Tale of the Partisan Pendulum - DOL Breathes Life Back into the 80/20 Rule Plus a 30-Minute Twist

On June 23, 2021, the United States Department of Labor (DOL) published a notice of proposed rulemaking (NPRM) that would create greater limitations on an employer’s ability to take a tip credit under the federal Fair Labor...more

Miles & Stockbridge P.C.

Biden’s Department of Labor Eliminates Narrow, Employer-Friendly Trump-Era Independent Contractor Test

On May 6, 2021, in a much-anticipated move, the Biden Administration announced a final rule withdrawing the employer-friendly independent contractor test published in the last few weeks of Donald Trump’s presidency. The...more

Holland & Knight LLP

DOL Rescinds Trump-Era Rule Regarding Employment Status Under the FLSA | Insights

Holland & Knight LLP on

The U.S. Department of Labor (DOL) officially withdrew a Trump-era rule that had been announced to clarify independent contractor status under the Fair Labor Standards Act (FLSA). The repeal took effect on May 6, 2021. The...more

Bradley Arant Boult Cummings LLP

New Administration, New DOL Approach: Department Pulls Back Trump Rulemaking Limitations

With the new Biden administration now in place, the Department of Labor (DOL) has withdrawn a Trump era measure on guidance documents. Following a recent Executive Order, the DOL issued a final rule on January 27 to rescind...more

Fisher Phillips

Businesses Could Get Gift Of Gig Economy Rule Under The Christmas Tree This Year

Fisher Phillips on

With only a few weeks left in 2020 and a new administration set to take control of the Department of Labor a few weeks later, companies that rely upon a gig economy business model may be in store for a nice gift this...more

Seyfarth Shaw LLP

The Department of Labor Puts Limits on “Guidance” — And Employers and Fiduciaries May Get More Interpretative Flexibility

Seyfarth Shaw LLP on

Synopsis:  On August 28, 2020, the federal Department of Labor (DOL) issued a final rule entitled “Promoting Regulatory Openness Through Good Guidance” (the “PRO Rule”) that establishes a data base with far fewer “Guidance”...more

Shook, Hardy & Bacon L.L.P.

National Employment Perspective | Focus on Wage & Hour

"Joint Employer" Status in the Wage and Hour Context - A New York federal court has struck down a Final Rule from the U.S. Department of Labor (DOL) that set out a four-factor test to determine “joint employer” status,...more

Jones Day

New York Federal Court Partially Invalidates U.S. Department of Labor’s Joint Employer Regulation

Jones Day on

The Situation: Seventeen states and the District of Columbia filed suit in the Southern District of New York seeking declaratory and injunctive relief against the U.S. Department of Labor's ("DOL") new joint employer...more

Troutman Pepper Locke

Southern District of New York Judge Strikes Down Department of Labor Standard for Joint Employment

Troutman Pepper Locke on

Q: What does the latest decision on joint employer liability mean for businesses? A: On September 8, 2020, the United States District Court for the Southern District of New York issued a decision overturning the U.S....more

Carlton Fields

Federal Judge Blocks Significant Portions of DOL's Joint Employer Rule

Carlton Fields on

On September 8, 2020, Federal District Court Judge Gregory Woods struck down critical parts of the U.S. Department of Labor’s (DOL) new joint employer rule, which took effect in March of this year and which was intended to...more

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