News & Analysis as of

Department of Labor (DOL) Administrative Agencies

McGlinchey Stafford

DOL Limits Authority to Seek Liquidated Damages in Wage and Hour Investigations

McGlinchey Stafford on

On June 27, 2025, a new enforcement directive from the U.S. Department of Labor (DOL)’s Wage and Hour Division (WHD) took effect, formally eliminating the agency’s policy of seeking the payment of liquidated damages in any...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Cleaning Out the ERISA Attic: DOL Retires Obsolete Interpretive Bulletins

The Department of Labor’s Employee Benefits Security Administration (EBSA) just did what many plan sponsors wish they could do, clear out old, confusing clutter that no longer serves a purpose....more

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

Merry and (Loper) Bright: Where the Impact of the Supreme Court’s Decision Stands This Holiday Season

Over the last six months, federal and state courts have been unwrapping the landmark Supreme Court of the United States decision in Loper Bright Enterprises v. Raimondo and navigating a new legal landscape that challenges...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Blocks Labor Department Tip Rule Citing Absence of Chevron Deference

In the wake of the U.S. Supreme Court’s rejection of its Chevron deference precedent, federal courts have begun to grapple with administrative agencies’ discretion to issue regulations implementing less than precise...more

Benesch

Federal Court Strikes Down Tip Credit Rule Promulgated by the DOL

Benesch on

On August 23, 2024, the Fifth Circuit Court of Appeals struck down a final rule promulgated by the Department of Labor (“DOL”) restricting when employers could take a tip credit for tipped employees under the Fair Labor...more

Littler

What, If Any, Impact Does SEC v. Jarkesy Have on Immigration Compliance and Adjudication?

Littler on

In Securities and Exchange Commission v. Jarkesy, 603 U.S. ___ (June 27, 2024), the U.S. Supreme Court held that the SEC’s administrative law judges (ALJs) lack jurisdiction to impose civil penalties for alleged securities...more

Mayer Brown

ERISA Cases in a Post-Chevron World

Mayer Brown on

On June 28, 2024, the Supreme Court issued a landmark ruling in Loper Bright Enterprises v. Raimondo that upends a longstanding feature of administrative law—Chevron deference. In Loper Bright, the Court expressly overruled...more

Seyfarth Shaw LLP

Commissioner Sonderling to Depart from EEOC in August 2024

Seyfarth Shaw LLP on

Seyfarth Synopsis: EEOC Commissioner Keith Sonderling, a Republican who first joined the EEOC in 2020, has announced his departure from the Commission in August 2024. Sonderling’s tenure was marked by his significant...more

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

DOL Unveils Proposed Heat Illness Prevention Rule as Federal Agency Authority Faces Questions

The Occupational Safety and Health Administration (OSHA) unveiled its long-anticipated proposed heat illness prevention rule, which would require employers to monitor excessive heat in the workplace and develop and implement...more

Seyfarth Shaw LLP

Take me to Your Leader: Senate Confirms Jessica Looman as U.S. DOL Wage and Hour Division Administrator

Seyfarth Shaw LLP on

Seyfarth Synopsis: The long wait for a Senate-confirmed U.S. DOL Wage and Hour Division (“WHD”) Administrator is over!...more

Littler

What a Government Shutdown Means for Employers: Many Agencies Will Sharply Curtail Operations, Delaying New and Pending Cases

Littler on

Federal appropriations are set to expire at midnight (ET) on Saturday, September 30. Unless lawmakers agree to a spending plan before then, much of the federal government will shut down....more

Seyfarth Shaw LLP

Federal Government Shutdown Will Significantly Impact United States Department of Labor Enforcement Activities, OSHA Cases

Seyfarth Shaw LLP on

Seyfarth Synopsis: The impending federal government shutdown will suspend many enforcement and consultation functions of the United States Department of Labor, including OSHA....more

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

Beltway Buzz - September 2023 #5

Shutdown Showdown. Rather than hurtling into a federal government shutdown, this week has been more of a slow, gradual, depressing slide into the shutdown, as it became apparent this week that last-minute measures to keep the...more

Littler

How Will a Possible 2023 Government Shutdown Impact U.S. Immigration?

Littler on

In anticipation of a possible 2023 government shutdown this weekend, many employers are wondering how a shuttering of U.S. government agencies for budgetary reasons could impact or delay their U.S. immigration processing,...more

Seyfarth Shaw LLP

COVID-19 Government Resources

Seyfarth Shaw LLP on

Centers for Disease Control and Prevention - Coronavirus Disease 2019 (COVID-19) ... Interim U.S. Guidance for Risk Assessment and Public Health Management of Healthcare Personnel with Potential Exposure in a Healthcare...more

Seyfarth Shaw LLP

President Issues Executive Orders on Guidance Documents and Transparency

Seyfarth Shaw LLP on

Seyfarth Synopsis: The regulated community had a pleasant surprise from President Trump this week. The President issued two executive orders that have the stated intent to make closeted or last minute agency guidance and...more

Eversheds Sutherland (US) LLP

Kisor v. Wilkie and judicial deference to agency determinations—Are there implications for employee benefits litigation and the...

In June 2019, a unanimous Supreme Court in Kisor v. Wilkie retained but limited the scope of Auer deference – the court-created doctrine that courts should defer to an agency’s interpretation of its own regulations or other...more

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

Beltway Buzz - March 2019 #5

Regular Rate Proposal Issues. On March 29, 2019, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) published a notice of proposed rulemaking (NPRM) to clarify what forms of payments must be included (or...more

FordHarrison

U.S. Department of Labor’s New Guidance, Compliance Tool, and Leadership

FordHarrison on

February has been a busy month for the U.S. Department of Labor (“DOL”).  The Wage and Hour Division (“WHD”) published new guidance addressing tipped employees and payment of subminimum wages and released a new compliance...more

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

Beltway Buzz - January 2019 #3

“Snurlough.” Today is day 28 of the partial government shutdown. A bigger-than-expected snowstorm that hit the D.C. region this past weekend led to a Monday in which the federal government was both closed and (partially) shut...more

Fisher Phillips

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

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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 have been an unprecedented number of changes for the past few years—and this past month...more

Littler

Federal Agencies Issue Contingency Plans As Government Shutdown Looms

Littler on

Unless Congress can finalize a budget by midnight tonight (January 19), the federal government will be forced to shut down due to a lack of appropriations. On Thursday evening, the House of Representatives passed a...more

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