Labor Secretary Forming an Apprenticeship Task Force

Secretary of Labor Alexander Acosta is inviting interested persons to submit nominations for individuals to serve on the Task Force on Apprenticeship Expansion. The creation of the task force is a key step in implementing President Donald J. Trump’s executive order to expand apprenticeships, according to a Department of Labor (DOL) news release. “Apprenticeships are […]

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Request for Information on Fiduciary Rule Published

The Employee Benefits Security Administration (EBSA) of the Department of Labor (DOL) has published a Request for Information (RFI) in connection with its examination of the final rule defining who is a “fiduciary” of an employee benefit plan for purposes of the Employee Retirement Income Security Act (ERISA) of 1974 and the Internal Revenue Code, […]

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A Second Circuit Court Declares DOL’s Tip Pool Rule Invalid

The 10th U.S. Circuit Court of Appeals has joined the 4th in deciding the 2011 tip pool rule by the Department of Labor (DOL) is invalid. The rule prohibits employers from sharing tips received by tipped employees such as servers with non-tipped employees such as dishwashers. The restaurants have fought back, arguing in court that […]

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DOL Wants Salary Level to Determine Overtime Eligibility

The Department of Labor (DOL) today asked the 5th Circuit Court of Appeals to clarify its authority to establish a salary threshold for determining overtime eligibility, but did not endorse the Obama-era proposed salary level of $47,476 a year. In a brief filed in the ongoing appeal over an injunction blocking President Obama’s effort to […]

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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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