Department of Labor: Protect Workers and Their Pay During the Holidays

The U.S. Department of Labor (DOL) has a reminder for employers this holiday season regarding safety and pay.  Firstly, as enforced by the DOL’s Occupational Safety and Health Administration (OSHA), employers must keep employees safe in the workplace. Secondly, under laws enforced by the DOL’s Wage and Hour Division (WHD), employers must also protect worker […]

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Labor Department Announces Requirements for Pooled Benefit Plans

On November 12th, 2020, the U.S. Department of Labor (DOL) announced a final rule establishing registration requirements for pooled benefit plan providers. The rule implements registration requirements pursuant to the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act). Background of the SECURE Act The SECURE Act amended both the Employee Retirement […]

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Final Rule Restricts Retirement Investment Fiduciary Considerations

On October 30th, 2020, the Department of Labor (DOL) released final rule “Financial Factors in Selecting Plan Investments.” In an earlier proposed rule, the DOL aimed to regulate environmental, social, and corporate governance (ESG) investing by employee benefit plans. These were plans that fall subject to the Employee Retirement Income Security Act (ERISA). In the […]

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Department of Labor Issues Two Wage and Hour Letters

On November 3rd, 2020, the Department of Labor (DOL) released two opinion letters addressing Fair Labor Standards Act (FLSA) compliance. Opinion letters are official written opinions released by the DOL’s Wage and Hour Division (WHD). The letters contain the WHD’s opinion on how the law applies in circumstances presented by the entity sending the request. […]

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Updated Tool on Health Plan and Insurer Compliance Released

On October 23rd, 2020, the U.S. Department of Labor’s (DOL’s) Employee Benefits Security Administration (EBSA) announced a new employer resource. The resource is an updated tool to help employers comply with the Mental Health Parity and Addiction Equity Act (MHPAEA). In addition to the MHPAEA, the tool also addresses compliance with the Employee Retirement Income […]

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Interim Final Rule Released Reforming Foreign Worker Program Wages

On October 6th, 2020, the U.S. Department of Labor (DOL) issued an Interim Final Rule (IFR) amending prevailing wage regulations. Specifically, the final rule helps protect wages and job opportunities by reforming the methodology used in several foreign worker programs.  Overview of the Interim Final Rule The IFR is the result of an extensive review […]

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Department of Labor Revises Family and Medical Leave Notices and Forms

As reported on this blog in July, the U.S. Department of Labor’s (DOL’s) Wage and Hour Division (WHD) announced that it was taking significant steps to streamline optional-use forms and notices. Workers could use the forms to request leave under the Family and Medical Leave Act (FMLA). Employers could also use these forms and notices […]

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Department of Labor Revises FFCRA Paid Leave Requirements

On September 11th, 2020, the U.S. Department of Labor’s (DOL’s) Wage and Hour Division (WHD) issued revisions to the Families First Coronavirus Response Act (FFCRA). These updates clarify workers’ rights and employers’ responsibilities under the FFCRA’s paid leave provisions. The revisions are in response to the August 3rd, 2020, U.S. District Court for the Southern […]

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Department of Labor Answers FAQs About Childcare & the FFCRA 

As summer winds down, families dealing with the ramifications of the coronavirus pandemic may now be faced with issues brought about by the beginning of a new school year. Some schools have reopened with full-time in-person classes; others have adopted full-time remote learning. Additionally, some schools have opted to create a hybrid model that mixes […]

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Department of Labor Issues Rule Providing Access to Agency Guidance

On August 21st, 2020, the U.S. Department of Labor (DOL) announced the publication of its Promoting Regulatory Openness through Good Guidance Rule (PRO Good Guidance Rule). The rule, which implements Executive Order 13891 (Promoting the Rule of Law through Improved Agency Guidance Documents) seeks to create fairer procedures for the issuance and use of regulatory […]

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