News & Analysis as of

Department of Labor (DOL) Regulatory Reform Trump Administration

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

New White House AI Action Plan Aims to Remove Barriers and Shift Regulatory Focus

The Trump administration recently unveiled a new action plan relating to artificial intelligence (AI) technology that focuses on removing regulations and/or other barriers, building upon President Donald Trump’s prior...more

Seyfarth Shaw LLP

So, How Can Participants Invest Their Retirement Money?

Seyfarth Shaw LLP on

Under the current administration, the Department of Labor has once again changed course on its view of permissible investing strategies for retirement plans, warming to crypto and private equity, and confirming their distrust...more

Carlton Fields

Unsafe Harbor? Deregulation and the Limit of the Secure Act Safe Harbor for Selection of Lifetime Income Provider

Carlton Fields on

On January 31, 2025, President Trump signed Executive Order 14192, titled“ Unleashing Prosperity Through Deregulation.” Its stated purpose was to encourage the reduction of private expenditure required to comply with federal...more

Morgan Lewis

US Department of Labor Rolls Back Biden-Era FLSA Practices

Morgan Lewis on

The US Department of Labor has recently rolled back two critical Biden-era wage and hour practices. First, the DOL has stated that it will no longer enforce the 2024 Final Rule’s framework for determining employee or...more

Stoel Rives - World of Employment

OFCCP to Resume Veterans/Disability Enforcement, Administratively Close Pending Compliance Reviews

Last week, U.S. Secretary of Labor Lori Chavez-DeRemer issued Order 08-2025 and the Office of Federal Contract Compliance Programs (OFCCP) issued a Bulletin explaining the Secretary’s Order.  Importantly for federal...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

Littler

Policy Week in Review – July 2025 #1

Littler on

“Big Beautiful” Reconciliation Bill Pending Final Passage in the House  Earlier this week, the U.S. Senate passed the reconciliation bill by a narrow vote of 51-50, with Vice President JD Vance casting the tie-breaking vote....more

Constangy, Brooks, Smith & Prophete, LLP

OFCCP closes all pending compliance reviews

They’ve all but shut the door, turned off the lights, and put up the “closed” sign. On July 2, Secretary of Labor Lori Chavez-DeRemer lifted the pause on investigations and enforcement of Section 503 of the Rehabilitation...more

Constangy, Brooks, Smith & Prophete, LLP

OFCCP proposes regulatory changes to reflect Administration’s policies

Spoiler: Section 503 takes center stage. The Office of Federal Contract Compliance Programs dropped three proposed rules on July 1, offering revisions to its existing regulatory scheme. Key highlights: • Executive Order...more

Latham & Watkins LLP

US Government Reopens Discussion of Private Pension Investments Expectations

Latham & Watkins LLP on

The Department of Labor has taken two recent actions that indicate where the approach to retirement investment policy may go under the new administration....more

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

OFCCP Unveils Regulation Changes Winding Down Federal Contractor Affirmative Action Mandates

The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) has issued three proposed rules to implement President Trump’s Executive Order (EO) 14173, which revoked Executive Order 11246 and...more

Foley & Lardner LLP

In Case You Missed It: DOL Prohibited From Collecting Liquidated Damages in Wage & Hour Pre-Litigation Investigations

Foley & Lardner LLP on

In case you missed it, the Department of Labor (DOL) issued a News Release on Friday, June 27, 2025, announcing it would no longer seek liquidated damages during pre-litigation investigations or associated settlements (this...more

Venable LLP

A Glimmer of Hope for Employers Who Rely on Gig Workers: The DOL Will Not Enforce the 2024 Independent Contractor Rule

Venable LLP on

Positive news for employers: the Department of Labor (DOL) announced it will no longer enforce the 2024 Biden-era independent contractor final rule that aimed to reclassify gig workers as employees rather than independent...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

Robinson+Cole Manufacturing Law Blog

What is the Status of Affirmative Action Plans and Certification in 2025?

Manufacturers that are covered federal contractors may be wondering when they are required to certify compliance with the affirmative action plan regulations. At this point, the answer is not clear and recent proposals from...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Crypto in 401(k) Plans? Sure—But Let’s Not Lose Our Minds

Well, that didn’t take long. In what’s becoming a routine political tug-of-war, the Trump administration (yes, back again) has rescinded the Biden-era Department of Labor (DOL) guidance cautioning plan sponsors against...more

Ballard Spahr LLP

President Trump’s Budget Goes To Work Against Enforcement Agencies with Significant Cuts to DOL and NLRB

Ballard Spahr LLP on

President Trump’s proposed budget for Fiscal Year (FY) 2026 includes substantial reductions to the U.S. Department of Labor’s (DOL) budget and staff.  The proposed discretionary budget is slashed from $13.5 billion to $9...more

Proskauer - Government Contractor Compliance...

Trump Administration Proposes Closing OFCCP

The Trump Administration has announced plans to “eliminate” the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”), the agency currently responsible for enforcing affirmative action and...more

Mayer Brown

A Return to Investment Neutrality? DOL Rescinds Guidance Discouraging Plan Fiduciaries from Considering Cryptocurrencies

Mayer Brown on

On May 28, 2025, the US Department of Labor (the “Labor Department”) issued Compliance Assistance Release No. 2025-01 (the “2025 Release”), memorializing the Labor Department’s decision to rescind Compliance Release No....more

Groom Law Group, Chartered

Modernization of DC Plan Investments

There is a growing interest from the retirement industry and policymakers to modernize 401(k) and other defined contribution (“DC”) plan investments by incorporating alternative asset classes and lifetime income features. ...more

Littler

Policy Week in Review – June 2025

Littler on

U.S. Department of Labor Expands Opinion Letter Program  - In an effort to increase official guidance and provide compliance assistance to the regulated community, the U.S. Department of Labor expanded its opinion letter...more

Stoel Rives - World of Employment

DOL Signals Business Friendly Independent Contractor Standard: What Employers Need to Know

The U.S. Department of Labor (DOL) recently stated that it will not enforce an employee-friendly independent contractor rule implemented by the Biden administration in 2024 (“Biden Rule”). The Biden Rule made it more...more

Berkshire

OFCCP White House Budget Proposes Elimination of OFCCP

Berkshire on

The White House has released the President’s fiscal 2026 budget proposal, along with a technical supplement appendix with detailed budget estimates. Of particular interest to federal contractors, the proposal seeks to...more

Troutman Pepper Locke

ESG Investing in 401(k) Plans – More Rule Changes on the Way

Troutman Pepper Locke on

In our recent client alert, “Texas Federal Court Allows an ERISA Fiduciary Challenge Against Alleged “ESG Investing” Without Any ESG Funds,” we reported that a Texas district court recently upheld Biden-administration...more

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