DOL Opens Up Commentary on Revision of Fiduciary Rule

The Department of Labor (DOL) has published a Request for Information (RFI) related to the fiduciary rule. The RFI is an opportunity for the public to provide data and information that may be used to revise the rule and associated exemptions. There is a 15-day comment period regarding extending the Jan. 1, 2018 applicability date […]

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DOL Reinstates Use of Opinion Letters

The Department of Labor (DOL) will reinstate the issuance of opinion letters, Secretary of Labor Alexander Acosta announced today. The action allows the department’s Wage and Hour Division (WHD) to use opinion letters as one of its methods for providing guidance to covered employers and employees. An opinion letter is an official, written opinion by […]

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Executive Order Seeks to Expand Apprenticeships

Secretary of Labor Alexander Acosta on June 15 welcomed President Donald J. Trump’s step toward fulfilling his promise to grow the American economy with the announcement of an executive order to expand apprenticeships and vocational training, close the skills gap and reduce regulatory burdens on workforce development programs. “There are six million job openings in the United […]

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DOL to Request Public Input on Stalled Overtime Rule

Labor Secretary Alexander Acosta informed a House subcommittee on June 7 that the Department of Labor (DOL) will submit a Request for Information  (RFI) to seek input on the Obama-era overtime rule that has been blocked for half a year by a federal judge’s injunction. An RFI is a “pre-rulemaking” procedure during which an administrative […]

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DOL to Seek Public Input on Persuader Rule

The Department of Labor (DOL) has announced it will publish a Notice of Proposed Rulemaking (NPRM) to rescind a rule that would have required employers and labor-management consultants to report consultants’ indirect contact with workers during union organizing campaigns. The NPRM will be published in the Federal Register and be open for public comment on […]

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Fiduciary Rule Takes Effect, But…

The Department of Labor (DOL) Fiduciary Rule, which requires agents marketing retirement plans to put their clients’ best interests first, took effect today, but enforcement won’t begin until Jan. 1, and maybe not then. The DOL in advance of the June 9 implementation date announced that it  “will not pursue claims against fiduciaries who are working […]

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DOL Withdraws Obama-era Administrative Interpretation on Independent Contractors

Secretary of Labor Alexander Acosta today announced the withdrawal of the Department of Labor’s (DOL’s) 2015 and 2016 informal guidance on joint employment and independent contractors. Removal of the administrator interpretations does not change the legal responsibilities of employers under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act, […]

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DOL Moves to Revoke Persuader Rule

The Obama administration’s “persuader rule” requiring law firms to publicly disclose any work they do for employers surrounding union organizing efforts, already subject to a nationwide injunction, is being revoked by the Trump administration’s Department of Labor (DOL). The DOL on Monday, May 22, filed a proposal to formally rescind the rule, which was blocked by U.S. District […]

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Labor Secretary Releases Budget Request

Secretary of Labor Alexander Acosta has released the fiscal year 2018 budget request for the Department of Labor (DOL). According to the official press release, it supports President Donald J. Trump’s plan to invest in priorities that will help American workers develop the necessary skills to meet the demands of a 21st century economy and […]

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Acosta Says Fiduciary Rule Will Take Effect June 9

Writing in the Wall Street Journal, Labor Secretary Alexander Acosta announced there was no reason to further delay the implementation of his department’s fiduciary rule, and thus it will take effect June 9 following its first postponement. “We have carefully considered the record in this case, and the requirements of the Administrative Procedure Act, and […]

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