Proposed New Overtime Rules Now Due in March

The Department of Labor (DOL) initially said it expected to release a Notice of Proposed Rulemaking (NPRM) on overtime in January, but in its just-released fall regulatory agenda, that date has been pushed back until March. The agenda says the NPRM “will propose an updated salary level for exemption and seek the public’s view on […]

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DOJ Says Web Accessibility Under the ADA Open to Interpretation

After 103 House members of both parties beseeched the Department of Justice (DOJ) to clarify website accessibility rules under the Americans with Disabilities Act (ADA), the nation’s top law enforcement agency essentially took a pass. The letter from House members urged the department to “provide guidance and clarity with regard to website accessibility under the … […]

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Labor and Justice Departments to Crack Down on Visa Abuse by Employers

The Civil Rights Division of the Department of Justice (DOJ) and the Department of Labor (DOL) have expanded their collaboration to better protect U.S. workers from discrimination by employers who prefer to hire temporary visa workers over qualified U.S. workers. This new partnership, finalized in a Memorandum of Understanding (MOU), establishes protocols for the agencies […]

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Department of Justice Rescinds 24 Guidance Documents

Attorney General Jeff Sessions today announced that, consistent with his November 2017 memorandum prohibiting the Department of Justice (DOJ) from making rules without following the procedures required by Congress, he is rescinding 24 guidance documents that were unnecessary, outdated, inconsistent with existing law, or otherwise improper. Perhaps most prominent in the documents rescinded were those […]

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DOL Fiduciary Rule Now Officially Dead

The scant remaining life support for the Fiduciary Rule crafted by the Obama Department of Labor (DOL) ran out yesterday as the Trump administration declined to ask the Supreme Court to review an injunction blocking the rule’s implementation. In March, the 5th U.S. Circuit Court of Appeals, in a 2-to-1, vote vacated the rule, saying […]

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Trump DOJ Announces It Will No Longer Defend the ACA in Court

Faced with a challenge by 20 attorneys general in a federal court in Texas, the Affordable Care Act (ACA) is going to trial with no defense from the Trump administration’s Department of Justice (DOJ). The case rests on the constitutionality — or unconstitutionality — of the health care act now that the individual mandate has […]

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5th Circuit Court Denies Appeal of Its Decision on the DOL Fiduciary Rule

The 5th U.S. Circuit Court of Appeals, which in March ruled the Department of Labor (DOL) had overstepped its authority in issuing its Fiduciary Rule, has now rebuffed a second appeal of that decision filed by the attorneys general of California, New York and Oregon. The three-judge panel hearing the appeal also refused to refer […]

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USCIS, DOJ to Jointly Police Discrimination Against American Workers

U.S. Citizenship and Immigration Services (USCIS) and the Department of Justice (DOJ) have announced a Memorandum of Understanding (MOU) that expands their collaboration to better detect and eliminate fraud, abuse, and discrimination by employers bringing foreign visa workers to the United States. This new effort improves the way the agencies share information, collaborate on cases, and train […]

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HHS, DOJ Turn Up the HEAT* on Health Care Fraud, Recover $2.6 Billion

Health and Human Services Secretary Alex Azar and Attorney General Jeff Sessions today released a fiscal year (FY) 2017 Health Care Fraud and Abuse Control Program report showing that for every dollar the federal government spent on healthcare related fraud and abuse investigations in the last three years, the government recovered $4. Additionally, the report […]

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DOJ Launches Initiative on Sexual Harassment in the Public Sector

The Civil Rights Division of the Department of Justice (DOJ) has announced a second initiative to combat sexual harassment — the Sexual Harassment in the Workplace Initiative (SHWI)                 focuses on workplace sexual harassment in the public sector. The Justice Department’s Civil Rights Division enforces Title VII of the […]

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