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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DOL Increases Across-the-Board Penalties by 2 Percent

The Department of Labor (DOL) has increased its employment law penalties by 2 percent, in accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. That law allows agencies to adjust penalties according to inflation by Jan. 15 of each year. Maximum penalty increases for violating minimum-wage and overtime rules are rising from $1,925 […]

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DOJ Withdraws 25 Guidance Documents for 2017

Attorney General Jeff Sessions has announced that, pursuant to Executive Order 13777 and his November memorandum prohibiting certain guidance documents, he is rescinding 25 such Department of Justice (DOJ) documents that were deemed unnecessary, inconsistent with existing law, or otherwise improper. In making the announcement, the Attorney General said: Last month, I ended the longstanding abuse of […]

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DOJ Sues Firm for Hiring Foreign Workers

Citing the Immigration and Nationality Act (INA), the Department of Justice (DOJ) has sued Crop Production Services Inc. of Colorado for not hiring American workers but instead taking on foreign H2-A visa workers. It is the first prosecution since President Trump’s American First executive order of April 18. According to the DOJ, the INA makes […]

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ADA-Compliant Websites Regulation Put on Inactive List

An issue that has been on the radar since at least 2010 has now been placed on the back burner: In its most recent regulatory agenda, the Department of Justice (DOJ) has put on its inactive list a proposed regulation that would make websites serving the public be Americans with Disabilities Act (ADA)-compliant. Under the […]

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