News & Analysis as of

Regulatory Oversight Department of Labor (DOL) Regulatory Reform

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

FordHarrison

U.S. DOL Plans to Review Contractor Affirmative Action Certification

FordHarrison on

On August 3, 2018, the head of the U.S. Department of Labor’s (DOL) contractor enforcement office announced that the DOL intends to identify and audit contractors who fail to certify their affirmative action compliance to the...more

Akerman LLP - HR Defense

DOL Eases Standards for Unpaid Internships

With summer internships in full swing, it’s high time to revisit the Department of Labor’s recently-revised guidance on unpaid internships. Guidelines issued in January abandoned the Department’s prior test – which required...more

FordHarrison

DOL Formally Rescinds Revised Persuader Rule

FordHarrison on

The Department of Labor (DOL) has rescinded the revised version of its “persuader rule,” which had gone into effect in April 2016. The now-rescinded rule had substantially narrowed the advice exemption to the Labor Management...more

Seyfarth Shaw LLP

DOL Fiduciary Rule Officially Dead

Seyfarth Shaw LLP on

For several years now we’ve been keeping you updated on the long and winding road of the Department of Labor’s (“DOL”) Fiduciary Rule....more

Skadden, Arps, Slate, Meagher & Flom LLP

Fifth Circuit Mandate Officially Ends DOL Fiduciary Rule

On June 21, 2018, the U.S. Court of Appeals for the Fifth Circuit issued its order, or mandate, putting into effect its earlier decision to vacate the Department of Labor’s (DOL) conflict of interest regulation (the fiduciary...more

Robinson+Cole ERISA Claim Defense Blog

Fifth Circuit Reaffirms Decision to Vacate Fiduciary Rule

The Department of Labor’s (“DOL”) conflict of interest rule, informally coined the “fiduciary rule,” sparked much debate when the regulations were proposed in 2015, and finalized in 2016, to expand the definition of fiduciary...more

Bricker Graydon LLP

Association Health Plans: Another tool for small employers to manage health care costs and increase employee access to affordable...

Bricker Graydon LLP on

Following last fall’s Executive Order 13813, which directs regulatory agencies to improve access to affordable employer coverage, the Department of Labor (DOL) recently released the final regulations on small business...more

Stinson LLP

DOL Issues Final Association Health Plan Rule

Stinson LLP on

On June 19, 2018, the Department of Labor (DOL) released a final rule that offers new options for associations to sponsor health plans for their members. These new options allow more small businesses to come together to...more

Burr & Forman

DOL Adopts the “Primary Beneficiary” Test for Internship Programs

Burr & Forman on

As summer months approach and students begin searching for seasonal employment, many employers are faced with the logistics of internship programs, specifically whether an unpaid internship meets the requirements of the Fair...more

Proskauer - Employee Benefits & Executive...

Fifth Circuit Vacates DOL Fiduciary Rule

In a 2-1 decision, the U.S. Court of Appeals for the Fifth Circuit vacated the Department of Labor’s fiduciary rule, including the expanded definition of “investment advice fiduciary” and the associated exemptions. The...more

Ballard Spahr LLP

Fifth Circuit Strikes Down DOL Investment Advice Fiduciary Rules

Ballard Spahr LLP on

The Fifth Circuit on March 15 vacated U.S. Department of Labor (DOL) regulations that redefined the circumstances in which a person who provides investment advice in connection with a retirement plan or individual retirement...more

Bradley Arant Boult Cummings LLP

The Department of Labor Wishes You a Happy New Year — and Implements Employer-Friendly Changes Regarding Interns and Volunteers

On January 5, 2018, the Department of Labor announced two employer-friendly changes applicable to interns and volunteers. Specifically, the DOL has adopted an employer-friendly approach to internships and has reinstated a...more

Hogan Lovells

DOL Clarifies Approach to Unpaid Internships

Hogan Lovells on

Earlier this month, US employers received important news just as the season of hiring summer interns is set to begin. The Department of Labor (“DOL”), through Fact Sheet #71, clarified its position regarding unpaid...more

Littler

DOL Updates Guidance on Unpaid Interns, Embracing Circuit Courts' Approach

Littler on

The U.S. Department of Labor recently announced a significant change in its interpretation of the Fair Labor Standards Act (FLSA) with respect to interns. The FLSA, of course, regulates an employer’s duty to pay minimum wage...more

Pierce Atwood LLP

Are Your Unpaid Interns Actually Interns? Six-Factor Test Is Out, and Primary Beneficiary Test Is In

Pierce Atwood LLP on

The U.S. Department of Labor (DOL) recently announced that it will adopt a new, more flexible test for distinguishing interns from employees under the Fair Labor Standards Act (FLSA)....more

Foley & Lardner LLP

The Department of Labor Restores Bush Era Opinion Letters

Foley & Lardner LLP on

The U.S. Department of Labor (DOL) is turning back the clock in a move that it believes will provide clarity for employers who seek to comply with the Fair Labor Standards Act (FLSA). On January 5, 2018, the DOL reinstated 17...more

Troutman Pepper Locke

U.S. Department Of Labor Endorses More Flexible Unpaid Intern Test

Troutman Pepper Locke on

Q. Our company wants to establish an internship program and host student interns to work alongside our employees. Do we need to pay the interns? A. Possibly. Over the past few years, courts and the Department of Labor...more

Burr & Forman

DOL Reissues 17 Previously Withdrawn Opinion Letters

Burr & Forman on

On January 5, 2018, the Department of Labor (“DOL”) Wage and Hour Division re-issued 17 previously withdrawn DOL Opinion Letters addressing over a dozen topics under the Fair Labor Standards Act (“FLSA”). The DOL originally...more

Dickinson Wright

Keep Rollin’ Rollin’ Rollin’: DOL Reissues 17 Opinion Letters That Had Been Withdrawn Under the Obama Administration

Dickinson Wright on

In late June 2017, the United States Department of Labor (DOL) announced it would be reinstating Opinion Letters issued by its Wage and Hour Division, which was a practice that had ceased back in 2010. This announcement is...more

McNees Wallace & Nurick LLC

U.S. Department of Labor Clarifies When Interns are Subject to the Fair Labor Standards Act

In a recent change of position, the Department of Labor (“DOL”) has endorsed a new standard for determining when an unpaid intern is entitled to compensation as an employee under the Fair Labor Standards Act (“FLSA”). We...more

Seyfarth Shaw LLP

“They’re Back. . . Part II: The DOL Reissues 17 Previously Withdrawn Opinion Letters”

Seyfarth Shaw LLP on

Seyfarth Synopsis: The DOL has reissued 17 opinion letters it withdrew in 2009. It has also issued two new field assistance bulletins. The DOL’s new openness to answering employer questions, and providing written guidance,...more

Seyfarth Shaw LLP

DOL Bids Adieu to Six-Factor Internship Test

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Department of Labor has scrapped its 2010 Fact Sheet on internship status and adopted the more flexible and employer-friendly test devised by Second Circuit....more

Herbert Smith Freehills Kramer

ERISA Fiduciary Rule Facing Precarious Future

Since its original release as a proposed rule in April 2015 and as a final rule a year later, the Department of Labor’s (DOL's) so-called fiduciary rule — which expands the “investment advice fiduciary” definition under the...more

Littler

Review, Revise or Rescind – Agency Plans and Unified Agenda Reveal More Regulatory Editing is in Store for 2018

Littler on

The Trump administration's Unified Agenda of Regulatory and Deregulatory Actions ("regulatory agenda"), released on December 14, 2017, indicates agencies are taking a hard look at existing rules, and treading lightly with new...more

26 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide