News & Analysis as of

Department of Labor (DOL) Proposed Rules Biden Administration

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

WHD Drops Proposal to End Subminimum Wages for Workers With Disabilities

The U.S. Department of Labor (DOL) Wage and Hour Division (WHD) is withdrawing a Biden-era proposal to end the practice of paying subminimum wages to workers with certain disabilities after determining that the agency lacks...more

Littler

DOL Withdraws Rule Aimed at Eliminating Subminimum Wages for Workers with Disabilities

Littler on

On July 7, 2025, the U.S. Department of Labor (DOL) formally withdrew its Notice of Proposed Rulemaking (NPRM) that would have amended 29 C.F.R. part 525 by phasing out the issuance of certificates authorizing subminimum...more

Morgan Lewis - ML Benefits

US Administration Announces Intent to Replace Biden-Era ESG Rule

The US Department of Labor’s (DOL’s) position on the appropriateness of environmental, social, and governance (ESG) investing strategies in ERISA-regulated retirement plans has ping-ponged for decades (as we’ve covered...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Here we go again

Here’s the short version: the Department of Labor’s decision to reopen the Biden-era ESG rule is overdue—and welcome....more

Cranfill Sumner LLP

Hiring Seasonal Employees for the Summer? Catch Up on the Latest in Federal Overtime Law.

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With summer nearing, employers across North Carolina and the country are swelling their ranks with seasonal employees. This article aims to update employers about the current state of federal law for paying workers who work...more

Kelley Drye & Warren LLP

DOL Signals Abandonment of Current Independent Contractor Rule

No one should be surprised that the independent contractor pendulum—which swings towards making that classification harder in Democratic administrations and easier in Republican ones—is now tilting towards making it easier....more

Brooks Pierce

Update: DOL Investigators Directed Not to Apply 2024 Independent Contractor Rule

Brooks Pierce on

New U.S. DOL Guidance on Independent Contractor vs. Employee Analysis -On May 1, 2025, the U.S. Department of Labor (“U.S. DOL”) Wage & Hour Division issued a field assistance bulletin (“FAB”) to guide investigators on...more

Littler

DOL Hits Pause on Enforcement of Biden-Era Independent Contractor Rule, Suggests New or Changed Rule Forthcoming

Littler on

As expected with a change in the White House, and as very recently foretold in Department of Labor court filings, the Trump DOL announced via a Field Assistance Bulletin on May 1 that it will no longer enforce a 2024...more

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

Bradley Arant Boult Cummings LLP

No Rest for the Weary: The Trump DOL Indicates Yet Another Change to Its Independent Contractor Classification Rule Is on the...

Exactly a year ago, we wrote about the final rule issued by the Biden-era U.S. Department of Labor (DOL) regarding the test for determining whether a worker is an employee covered by the Fair Labor Standards Act (FLSA), or an...more

Maynard Nexsen

Biden-Era OSHA Regulations Will Be Reassessed by New Trump Administration

Maynard Nexsen on

Two workplace safety regulations advanced under the Biden administration will be reviewed by the Trump team at the U.S. Department of Labor’s Occupational Health and Safety Administration (“OSHA”), and could be rolled back in...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

Cozen O'Connor

FAR Council Withdraws Proposed Rule on Federal Contractor Pay Requests

Cozen O'Connor on

On January 8, 2025, the Federal Acquisition Regulatory (FAR) Council withdrew its Proposed Rule on Pay Equity and Transparency in Federal Contracting (the proposed rule), which was initially introduced in January 2024. This...more

Jackson Lewis P.C.

Missed Opportunity: Outdated Schedule A List Means PERM Processing Delays Continue

Jackson Lewis P.C. on

The Department of Labor’s (DOL’s) Proposed Rule to add new occupations to the Schedule A list is “dead,” at least for now. Stakeholders see this as a disappointment and a missed opportunity. •The failure to move forward...more

Fisher Phillips

White House Takes Aim at Inefficient Business Practices Through “Time Is Money” Initiative: 5 Things Employers Should Do

Fisher Phillips on

The Biden Administration wants to crack down on corporate practices that it believes waste consumers’ time and money through excessive paperwork, long wait times, and other aggravations – and you’ll want to take note so you...more

DarrowEverett LLP

Noncompete, Overtime Rules Change, But Legal Challenges Remain

DarrowEverett LLP on

April 23, 2024, was a big day for the Biden Administration, as the U.S. Department of Labor (“DOL”) and Federal Trade Commission (“FTC”) almost simultaneously launched new revamped rules which will affect millions of...more

Bradley Arant Boult Cummings LLP

Déjà Vu for Federal Contractors with Salary History Ban?

On January 30, 2024, the Biden administration proposed a rule (the Salary Rule) that would amend the Federal Acquisition Regulation (FAR) to “prohibit contractors and subcontractors from seeking and considering information...more

Moore & Van Allen PLLC

The AI Executive Order: What’s Happened and What’s Coming Up… 

Last week, the White House issued an update on President Biden’s October 30, 2023 Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the “AI EO” or “EO”). The update detailed...more

ArentFox Schiff

No More Surprise Medical Bills: Biden Administration Issues New Surprise Billing Rulemaking Proposing Batching and Procedural...

ArentFox Schiff on

*This is the 12th article in a series analyzing the No Surprises Act and its implementation. To view the entire series, click here. A link to the proposed rule is here.  As background, Congress passed the Act to prevent...more

Seyfarth Shaw LLP

Executive Order: A Real Shift in Immigration and AI, or Just AI Creation?

Seyfarth Shaw LLP on

Seyfarth Synopsis: On October 30, 2023, President Biden issued an Executive Order that sets a new course for the safe, secure, and trustworthy development and use of Artificial Intelligence (AI). Interestingly, this order is...more

Seyfarth Shaw LLP

DOL Delivers a Proposed Salary Bump to FLSA Overtime Thresholds for Labor Day

Seyfarth Shaw LLP on

Just days before Labor Day, the U.S. Department of Labor (“DOL”) unveiled its Notice of Proposed Rulemaking (“NPRM”), aimed at revising the Fair Labor Standards Act’s overtime exemptions for executive, administrative, and...more

ArentFox Schiff

Mental Health Parity Act: Biden Administration Issues Long-Awaited Rulemaking Cracking Down on Treatment Limitations

ArentFox Schiff on

On July 25, 2023, the US Departments of Labor (DOL), Treasury (DOT), and Health and Human Services (HHS) (the Departments) released a much-anticipated interim final rule to ensure that group health plans comply with the...more

Seyfarth Shaw LLP

OSHA Issues Heat Hazard Alert Reminding Employers to Protect Workers Against Heat Illness and Injury – States are Following Suit

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Department of Labor recently announced that OSHA has issued a heat hazard alert to “remind employers of their obligation to protect workers against heat illness or injury in outdoor and indoor...more

Verrill

Update on the Debate over Environmental, Social, and Corporate Governance Investing

Verrill on

The debate over investment of retirement plan funds based on environmental, social, and corporate governance (“ESG”) factors continues to make waves. This post provides a high-level overview of the current state of play for...more

Seyfarth Shaw LLP

The Biden Administration Issued Its Spring 2023 Regulatory Agenda . . . in (Late) Spring 2023! What’s in the Works for DOL...

Seyfarth Shaw LLP on

Seyfarth Synopsis: On June 13, 2023, the Biden Administration announced the release of its Spring 2023 Unified Agenda of Regulatory and Deregulatory Actions (the 2022 Fall Agenda was issued in January 2023). In connection...more

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