News & Analysis as of

Department of Labor (DOL) Trump Administration Enforcement Actions

Cranfill Sumner LLP

DOL Ceases Enforcement of Liquidated Damages in FLSA Investigations

Cranfill Sumner LLP on

The Federal Fair Labor Standards Act (“FLSA”) is a federal law that establishes a standard minimum wage and overtime pay for eligible employees.  The FLSA also provides that employers who violate its requirements can be held...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

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

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

Littler

U.S. Department of Labor to Stop Seeking Liquidated Damages in Wage and Hour Investigations

Littler on

On June 27, 2025, the U.S. Department of Labor Wage and Hour Division (WHD) issued Field Assistance Bulletin No. 2025-3 (FAB 2025-3), advising that it will no longer request or attempt to collect liquidated damages in...more

CDF Labor Law LLP

DOL Terminates Practice of Seeking Liquidated Damages in Wage and Hour Investigations and Administrative Settlements

CDF Labor Law LLP on

Most California employers do not get investigated by the United States Department of Labor (“USDOL”) because wage and hour enforcement in California is generally covered by the California Labor Commissioner and plaintiffs in...more

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

DOL Secretary: Modernize OSHA and MSHA to Do More With Less

On June 5, 2025, Secretary of Labor Lori Chavez-DeRemer testified before the House Committee on Education and the Workforce regarding the Trump administration’s proposed fiscal year 2026 budget....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

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

Jackson Lewis P.C.

Department of Labor Proposed Budget Seeks To Completely Dismantle OFCCP

Jackson Lewis P.C. on

According to the U.S. Department of Labor’s (DOL) fiscal year 2026 proposed budget, the Department is set to fully eliminate the Office of Federal Contract Compliance Programs (OFCCP) next fiscal year, which begins October 1,...more

Fox Rothschild LLP

DOJ Targets DEI Programs with False Claims Act Enforcement

Fox Rothschild LLP on

The U.S. Department of Justice (DOJ) is raising the stakes with a broad new initiative targeting what it calls “illegal DEI.” In a May 19, 2025 internal memorandum, Deputy Attorney General Todd Blanche outlines a Civil Rights...more

McAfee & Taft

Gavel to Gavel: It just got easier to classify workers as independent contractors

McAfee & Taft on

Surging changes to workplace laws understandably have employers suffering from whiplash. Historically, employment laws have shifted when presidential administrations have changed. A May 1 announcement by the U.S. Department...more

McDermott Will & Schulte

Enforcement of Mental Health Parity Regulations Suspended: Takeaways for Plan Sponsors and Health Insurance Issuers

In January 2025, The ERISA Industry Committee (ERIC) filed a complaint against the US Departments of Labor, Health and Human Services, and the Treasury (the departments) seeking to invalidate the 2024 final regulations under...more

Whiteford

Employment Law Update: U.S. Department of Labor Resurrects Guidance Classifying Workers as Independent Contractors

Whiteford on

The U.S. Department of Labor’s Wage and Hour Division (“DOL”) under the Trump administration has doubled down on its commitment to the traditional economic-realities analysis for determining whether workers are employees or...more

Foley & Lardner LLP

Mental Health Parity Alert - Non-Enforcement of Final Rules

Foley & Lardner LLP on

The Mental Health Parity and Addiction Equity Act (MHPAEA), and its implementing regulations and guidance, prohibits health insurance policies and group health plans that cover mental health and substance use disorder...more

McAfee & Taft

DOL signals return to employer-friendly worker classification standards

McAfee & Taft on

Surging changes to workplace laws understandably have employers suffering from whiplash. Historically, employment laws have shifted when presidential administrations have changed. A May 1, 2025, announcement by the U.S....more

Quarles & Brady LLP

Departments Will Not Enforce 2024 Final Rule under MHPAEA

Quarles & Brady LLP on

The Trump Administration has just announced that it will pause enforcement of the September 2024 final rule (“Final Rule”) under the Mental Health Parity and Addiction Equity Act (“MHPAEA”)....more

Amundsen Davis LLC

DOL’s Announcement Pausing Enforcement of 2024 Independent Contractor Rule Signals Future Change to Come

Amundsen Davis LLC on

On May 1, 2025, the U.S. Department of Labor (DOL) announced it is reconsidering the 2024 Independent Contractor Rule (2024 Rule), which made it more difficult for businesses to classify independent contractors under the Fair...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

Bass, Berry & Sims PLC

Implementation of Trump DEI Orders Slower than Expected: What Contractors Should Know

Bass, Berry & Sims PLC on

One of President Trump’s campaign themes was ending diversity, equity, inclusion (DEI) programs, and he moved quickly to address those campaign promises. Within days of his inauguration, the president issued two executive...more

Akerman LLP - HR Defense

DOL Signals Changes to Independent Contractor Rule

On May 1, 2025, the United States Department of Labor (DOL) Wage and Hour Division (WHD) issued a Field Assistance Bulletin, announcing that it will no longer enforce a 2024 Biden-era independent contractor rule under the...more

Brownstein Hyatt Farber Schreck

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

Keating Muething & Klekamp PLL

The Independent Contractor Tug-of-War: Navigating the Latest DOL Shifts

Classifying a worker as an independent contractor rather than an employee can be one of the more complicated—and risky—decisions an employer can make, as misclassification can lead to serious legal and financial consequences....more

Constangy, Brooks, Smith & Prophete, LLP

DOL reinstates Trump’s standard on independent contractors under FLSA

In recent years, the U.S. Department of Labor has regulated who is an independent contractor and who is an employee for purposes of the Fair Labor Standards Act. The substance of the regulations has whipsawed based on who was...more

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