News & Analysis as of

Employer Responsibilities New Guidance Department of Labor (DOL)

Ropes & Gray LLP

DOL Sheds Light on the Fiduciary Responsibilities That Arise with Pooled Employer Plans PEPs

Ropes & Gray LLP on

On July 28, 2025, the U.S. Department of Labor (“DOL”) issued some new interpretive guidance as part of a request for information (“RFI”) about pooled employer plans (“PEPs”) and an employer’s fiduciary responsibilities that...more

Jackson Lewis P.C.

Employers Won’t Face Double Damages from DOL Wage and Hour Division’s Administrative Proceedings

Jackson Lewis P.C. on

The U.S. Department of Labor’s Wage and Hour Division (WHD) has issued new internal guidance that significantly changes its approach to administrative settlements under the Fair Labor Standards Act (FLSA). In Field Assistance...more

Seyfarth Shaw LLP

WHD Makes it Clear: Double Damages are (Liqui)Dated

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The DOL’s Wage and Hour Division just scrapped its policy of seeking liquidated damages (double damages) in FLSA investigations. Why? Because it probably didn’t have the statutory authority in the first place, and doing so...more

Bradley Arant Boult Cummings LLP

No Longer Doubling Down: DOL Will Not Seek Liquidated Damages in Wage Claims Before Suit

The call or visit that no employer wants to receive: a Department of Labor representative asking to look at your payroll records. The Fair Labor Standards Act (FLSA) gives the Department of Labor’s Wage and Hour Division...more

Steptoe & Johnson PLLC

The Intersection of FMLA and State Leave Policies: What Employers Need to Know to Ensure Compliance

Steptoe & Johnson PLLC on

Earlier this year, the U.S. Department of Labor (DOL) issued an opinion letter that addressed the Family and Medical Leave Act’s (FMLA) provision regarding the “substitution” of accrued paid leave and its application to state...more

Vedder Price

U.S. Department of Labor Announces Relaunch & Expansion of Its Opinion Letter Program

Vedder Price on

On June 2, 2025, the U.S. Department of Labor (DOL) announced the relaunching and expansion of its opinion letter program (Program). The Program is designed to help the public understand their compliance obligations through...more

Seyfarth Shaw LLP

“Dear DOL”: Labor Department Re-Launches Opinion Letter Program

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In a welcome development for employers navigating complex federal employment laws, the U.S. Department of Labor has announced the re-launch of its opinion letter program across several agencies, including the Wage and Hour...more

Littler

U.S. Department of Labor Expands Opinion Letter Program

Littler on

On June 2, 2025, the U.S. Department of Labor (DOL) expanded its opinion letter program, which should provide guidance on areas handled by multiple enforcement agencies within the DOL. Publication of opinion letters is a...more

Harris Beach Murtha PLLC

DOL Pauses Enforcement of 2024 Rule on Independent Contractor Classifications

In February 2024, we reported the U.S. Department of Labor (DOL) issued a Final Rule revising the DOL’s guidance on how to analyze who is an employee or independent contractor for purposes of minimum wage and overtime pay...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

Whiteford

Employment Law Update: May Day! The Department of Labor Pauses Enforcement of the Controversial Independent Contractor Rule

Whiteford on

In a significant shift for businesses, nonprofit organizations and gig-economy workers, the Department of Labor (DOL) Wage and Hour Division (WHD) announced on May 1st that it will no longer enforce the 2024 independent...more

BakerHostetler

DOL Softens Bite on Independent Contractor Test

BakerHostetler on

The DOL announced that it will not enforce the 2024 independent contractor rule. The pre-2024 multi-factor test will be used for FLSA worker classification disputes....more

Mintz - Employment Viewpoints

DOL Issues Opinion Letter Clarifying Intersection of FMLA and State or Local Paid Family and Medical Leave Benefits

Shortly before the Trump Administration started, the U.S. Department of Labor (DOL) issued an opinion letter clarifying the “substitution” provision under the federal Family and Medical Leave Act (FMLA) when it intersects...more

Jackson Lewis P.C.

The DOL Issues New Guidance On The Relationship Between The FMLA and State Paid Family Medical Leave Programs

Jackson Lewis P.C. on

Employers face a complicated patchwork of state, local and federal laws governing time off for family and medical reasons. The intersection of these often-overlapping laws creates numerous issues including how to handle time...more

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

Unemployment Benefits Expanded to Include Individuals Who Refuse to Return to COVID-19 Noncompliant Work Environments

Upon taking office, President Joe Biden, through an executive order, instructed the U.S. Department of Labor (DOL) to review prior guidance on the availability of an individual to receive unemployment benefits if the...more

Genova Burns LLC

Biden Administration Issues Executive Order and OSHA Guidance To Address COVID-19 Workplace Challenges Within First 10 Days

Genova Burns LLC on

On January 21, 2021, President Joseph R. Biden, Jr.’s second day in office, he issued “Executive Order On Protecting Worker Health and Safety,” which directed the Department of Labor (“DOL”) and Occupational Health and Safety...more

McDermott Will & Schulte

The EEOC Releases First Guidance on COVID-19 Vaccination for Employers

McDermott Will & Schulte on

On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) issued its first direct guidance for employers regarding COVID-19 vaccines approved or authorized by the Food and Drug Administration (FDA). The EEOC is...more

Epstein Becker & Green

U.S. Department of Labor Issues New Streamlined FMLA Forms

The U.S. Department of Labor (“DOL”) recently published revised Family and Medical Leave Act (“FMLA”) notification and certification forms designed to streamline the FMLA leave process. The forms took effect immediately and...more

Epstein Becker & Green

#WorkforceWednesday: CA Employer Playbook, Federal COVID-19 Updates, DOL’s FFCRA Rule Vacated in Part - Employment Law This Week®

It’s #WorkforceWednesday. In this week’s news, California provides a detailed COVID-19 employer playbook, and a federal judge vacated parts of the Department of Labor’s (“DOL”) Families First Coronavirus Response Act...more

Proskauer - Law and the Workplace

OSHA Releases Guidance on Reopening Workplaces

On June 18, OSHA issued non-binding guidance to help employers safely reopen non-essential businesses and facilitate their employees’ return to work during the COVID-19 pandemic. The guidance focuses on employers implementing...more

Buchalter

Buchalter Client Alert COVID-19: Takeaways from the DOL’s Latest FFCRA FAQs

Buchalter on

Earlier this week, the US Department of Labor (DOL) added to their long list of Frequently Asked Questions (FAQs) to the Families First Coronavirus Response Act or FFCRA. These latest additions raises the total of FAQs from...more

Husch Blackwell LLP

Department of Labor Issues FFCRA Regulations: 20 Need-to-Know Provisions for Employers

Husch Blackwell LLP on

Department of Labor (DOL) regulations issued on April 1, 2020, interpreted the Families First Coronavirus Response Act (FFCRA) and clarified several questions that the text of the law raised concerning employers’ duties to...more

Ballard Spahr LLP

FFCRA Updates

Ballard Spahr LLP on

This alert incorporates the guidance issued by the United States Department of Labor (DOL) on March 28, 2020 and updated on March 29, 2020, in additional to the regulations published by the DOL on April 6, 2020 and other DOL...more

Miller Canfield

COVID-19: DOL Issued Regulations in Implementing the Families First Coronavirus Response Act

Miller Canfield on

On April 1, 2020, the Department of Labor (“DOL”) posted a temporary rule containing temporary regulations regarding the implementation of the Families First Coronavirus Response Act (“FFCRA”). The regulations became...more

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

The Families First Coronavirus Response Act FAQs: The FMLA Amendments and Paid Sick Leave Requirements of the New Law (Update)

Last updated on March 30, 2020 to conform with the U.S. Department of Labor’s (DOL) guidance dated March 28, 2020. On March 18, 2020, President Donald Trump signed the Families First Coronavirus Response Act (FFCRA) in...more

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