Rosemary Becchi on Department of Labor (DOL)

White House Releases Executive Order Expanding Access to Alternative Assets in Retirement Plans

On Aug. 7, President Trump signed an executive order (EO) titled “Democratizing Access to Alternative Assets for Retirement Savers,” directing the Department of Labor (DOL) and other federal agencies to facilitate broader...more

8/13/2025 / 401k , Department of Labor (DOL) , Digital Assets , Employee Retirement Income Security Act (ERISA) , Executive Orders , Private Equity , Regulatory Reform , Retirement Plan , Securities and Exchange Commission (SEC) , U.S. Treasury

U.S. Department of Labor Pauses Enforcement of Worker Classification Guidelines

On May 1, 2025, the U.S. Department of Labor’s Wage and Hour Division (“DOL”) issued a field assistance bulletin on “how to determine employee or independent contractor status,” effectively pausing the implementation of its...more

5/9/2025 / Biden Administration , Department of Labor (DOL) , Economic Realities Test , Enforcement Actions , Fair Labor Standards Act (FLSA) , Independent Contractors , New Guidance , Regulatory Reform , Trump Administration

Fiduciary Rule 4.0 Released

On April 23, the U.S. Department of Labor (DOL) published the “Retirement Security Rule: Definition of an Investment Advice Fiduciary,” which makes changes to the definition of “ fiduciary” for purposes of the Employee...more

4/25/2024 / Department of Labor (DOL) , Employee Benefits , Employee Retirement Income Security Act (ERISA) , Fiduciary Duty , Fiduciary Rule , Financial Services Industry , Investment Adviser , Investment Management , Retirement Plan

Reality Check: U.S. Department of Labor Finalizes Worker Classification Rule

On Jan. 9, 2024, the U.S. Department of Labor’s (DOL) Wage and Hour Division announced its final rule on Employee or Independent Contractor Classification. The announcement marks the end of a rulemaking process that started...more

1/10/2024 / Administrative Interpretation , Classification , Department of Labor (DOL) , Employees , Employer Liability Issues , Fair Labor Standards Act (FLSA) , Human Resources Professionals , Independent Contractors , Misclassification , Wage and Hour

Updated Retirement Fiduciary Guidance Issued by Biden Administration

On Oct. 31, 2023, the Biden administration released its long-awaited revision to the Employee Retirement Income Security Act (ERISA) fiduciary rule. These regulations define fiduciaries and outline what transactions are...more

11/8/2023 / Biden Administration , Department of Labor (DOL) , Employee Benefits , Employee Retirement Income Security Act (ERISA) , Fiduciary Rule , Investment Adviser , Investment Management , Retirement Plan

DOL Proposes Changes to Employees’ Overtime Pay

On Aug. 30, 2023, the Department of Labor (DOL) announced a Notice of Proposed Rulemaking (NPRM) about employer obligations related to overtime pay. The NPRM would put significant new burdens on a variety of industries,...more

9/7/2023 / Department of Labor (DOL) , Human Resources Professionals , Non-Exempt Employees , Notice of Proposed Rulemaking (NOPR) , Over-Time , Wage and Hour

U.S. Department of Labor Issues Proposed Worker Classification Rule

Today, the U.S. Department of Labor’s (DOL) Wage and Hour Division announced the publication of a highly anticipated notice of proposed rulemaking (NPRM) on worker classification under the Fair Labor Standards Act (FLSA)....more

10/12/2022 / Department of Labor (DOL) , Employer Liability Issues , Independent Contractors , Misclassification , Unfair Labor Practices , Wage and Hour

COBRA-Related Litigation Trend: Advanced Preparation Is the Anti-Venom

Over the past two years, there has been a steady uptick of class action litigation alledging deficiencies in the notices that employers are required to provide under the Consolidated Omnibus Budget Reconciliation Act of 1985,...more

1/12/2021 / COBRA , Department of Labor (DOL) , Employee Benefits , Employee Rights , Employer Group Health Plans , Employer Liability Issues , Health Insurance , Notice Requirements

Department of Labor Issues Final Independent Contractor Rule

On Monday, Dec. 21, 2020, the Department of Labor (DOL) submitted a final rule to the White House Office of Information and Regulatory Affairs (OIRA) for review—the rule aims to make it easier for employers to use independent...more

1/7/2021 / Corporate Counsel , Department of Labor (DOL) , Employee Definition , Employer Liability Issues , Fair Labor Standards Act (FLSA) , Independent Contractors , Misclassification , Wage and Hour

Rosemary Becchi

Brownstein Hyatt Farber Schreck

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