News & Analysis as of

Department of Labor (DOL) Comment Period Regulatory Agenda

Haynes Boone

DOL Relaunches, Proposes Revisions to Affirmative Action Rules for Veterans and Disabled Workers

Haynes Boone on

The Department of Labor (DOL) is taking steps to revise and relaunch its affirmative action requirements for veterans and people with disabilities. ...more

Conn Maciel Carey LLP

Biden’s OSHA Pushes Heat Illness Prevention Rule Close to the Finish Line

Conn Maciel Carey LLP on

On January 14, 2025, just six days before the transition from the Biden Administration to the second Trump Administration, OSHA closed the books on collecting public comments on the agency’s Notice of Proposed Rulemaking...more

Faegre Drinker Biddle & Reath LLP

The New Fiduciary Rule (5): Discretionary Investment Management

The US Department of Labor has released its package of proposed changes to the regulation defining nondiscretionary fiduciary advice and to the exemptions for conflicts and compensation for investment recommendations to...more

Cadwalader, Wickersham & Taft LLP

DOL Issues New Proposed Fiduciary Rule

On Tuesday, October 31, 2023, the U.S. Department of Labor (the "DOL") issued a new proposed rule pertaining to the definition of “fiduciary” under ERISA and Section 4975 of the Code. If adopted, the proposed rule would...more

McDermott Will & Schulte

The Proposed MHPAEA Regulations: A Comment on the Comments

McDermott Will & Schulte on

In our last post, we considered some of the comment letters submitted in response to proposed regulations under the Mental Health Parity and Addiction Equity Act (MHPAEA) issued by the US Departments of Labor, Health and...more

Bodman

Department of Labor Proposes an Increase to the FLSA Exempt Employee Salary Threshold; Is 2023(4) the New 2019 or 2017?

Bodman on

On August 30, 2023 the U.S. Department of Labor (“DOL”) announced the much anticipated Notice of Proposed Rulemaking (“NPRM”) which, if implemented, would increase certain otherwise salary exempt employees’ compensation under...more

McDermott Will & Schulte

HHS, DOL and Treasury Issue a Proposed Rule Increasing Federal IDR Fees

On September 20, 2023, the US Departments of Health and Human Services (HHS), Labor (DOL) and the Treasury (collectively, the departments) issued a proposed rule related to the No Surprises Act’s (NSA’s) federal independent...more

Groom Law Group, Chartered

DOL Reopens Comment Period for Voluntary Fiduciary Correction Program Changes

The Department of Labor (“DOL”) recently announced (88 Fed. Reg. 9408, Feb. 14, 2023) that it will reopen the public comment period on proposed amendments to DOL’s Voluntary Fiduciary Correction Program (“VFCP”) and its...more

Nelson Mullins Riley & Scarborough LLP

Proposed Federal Rule Seeks to Clarify Title VII’s Application to Religious Organizations

A January 13, 2023 rule proposed by nine federal agencies, including the Department of Labor, seeks to amend an assortment of regulations in order to clarify the rights and obligations of faith-based and community...more

Keating Muething & Klekamp PLL

Independent Contractor Classification - Deadline to Submit Comments on the Notice of Proposed Rulemaking is Approaching

On October 13, 2022, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) to modify Wage and Hour Division regulations to revise its analysis for determining employee or independent contractor...more

McDermott Will & Schulte

The DOL Has Issued New Proposed Independent Contractor Classification Rules: What Now?

McDermott Will & Schulte on

On October 11, 2022, the United States Department of Labor (DOL) issued its Notice of Proposed Rulemaking (NPRM) seeking to undo the Trump administration’s 2021 independent contractor regulations and revert to the six-factor...more

Bodman

U.S. Department of Labor Announces Plans to “Go Back to the Future”

Bodman on

The U.S. Department of Labor (“DOL”) recently announced that it is taking steps in furtherance of the Biden Administration’s stated aim to increase workers’ wages. - On Friday March 11, the DOL announced that it will...more

Proskauer - Employee Benefits & Executive...

DOL’s Latest ESG Proposal: The More Things Change, the More They Stay the Same

On October 14, 2021, the U.S. Department of Labor’s Employee Benefits Security Administration (the “DOL”) published in the Federal Register a new proposed regulation (the “Proposed Rules”) on fiduciary responsibility in...more

Ballard Spahr LLP

DOL Proposes Another Round of ESG Investing Rules for Plan Fiduciaries

Ballard Spahr LLP on

Summary - The U.S. Department of Labor (DOL) released Proposed Regulations for plan fiduciaries on the role Environmental, Social, and Governance (ESG) considerations should play in investment decisions....more

Holland & Knight LLP

DOL Publishes New Guidance for Classifying Independent Contractors

Holland & Knight LLP on

The U.S. Department of Labor (DOL) on Sept. 22, 2020, proposed new regulations designed to codify criteria to identify independent workers under the Fair Labor Standards Act (FLSA). Independent contractors are not employees...more

Morgan Lewis

DOL Publishes Proposed Rule on Independent Contractor Classification

Morgan Lewis on

While the proposed rule retains the “economic realities test,” it consolidates the existing factors used to guide analysis of independent contractor status under the Fair Labor Standards Act and focuses on two “core factors.”...more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (January 2020 Edition)

Littler on

If January's minimum wage, tip, and overtime developments forecast what employers should expect throughout the remainder of the year, it could be a challenging 2020....more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (December 2019 Edition)

Littler on

We remember when legislative and regulatory developments rarely occurred in December, but those days are behind us. A Reminder About New Year's Eve & New Year's Day Rate Increases: Many minimum wage, tipped and exempt...more

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

DOL’s WHD Regulatory Reforms in the Home Stretch

If you are a sports fan, then you might consider the regulatory agenda of the U.S. Department of Labor (DOL) in general, and the Wage and Hour Division (WHD) in particular, as winding down to the end of the third quarter of a...more

Bricker Graydon LLP

DOL proposes four-factor test to determine joint employment status

Bricker Graydon LLP on

Earlier this week, the U.S. Department of Labor (DOL) announced its latest proposed rule to amend its existing regulations regarding joint employer arrangements under the Fair Labor Standards Act (FLSA). ...more

Seyfarth Shaw LLP

April Rules: DOL Continues Rulemaking Sprint With New Proposed Joint Employment Standard

Seyfarth Shaw LLP on

Seyfarth Synopsis: On April 1, 2019, the U.S. DOL announced a proposed rule to clarify joint employment under the FLSA. The rule would establish a four-factor balancing test for joint employer status....more

Bricker Graydon LLP

DOL proposes new rule clarifying regular rate requirements under the FLSA

Bricker Graydon LLP on

Last week, the U.S. Department of Labor (DOL) announced a proposed rule seeking to update the “regular rate” requirements under Section 7(e) of the Fair Labor Standards Act (FLSA), thereby clarifying the types of payments an...more

Robinson+Cole Manufacturing Law Blog

New DOL Overtime Rule Impacts Manufacturers

The United States Department of Labor finally published its proposed regulation raising the minimum salary to be paid under the “white collar” exceptions to the Fair Labor Standards Act....more

Best Best & Krieger LLP

Department of Labor Proposes Increase to FLSA Exemption Salary Threshold - California Public Sector Employers Would Feel the...

The Department of Labor issued a proposed rule to update and revise Fair Labor Standards Act regulations to implement minimum wage and overtime pay exemptions for executive, administrative, professional, outside sales and...more

Troutman Pepper Locke

Complying With the Department of Labor's Proposed Overtime Regulations

Troutman Pepper Locke on

On March 7, the U.S. Department of Labor issued its long-anticipated proposed rule that would expand overtime eligibility under the Fair Labor Standards Act (FLSA) to include a significant number of additional workers. ...more

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