The Bottom Line The U.S. Department of Labor (DOL) released a final rule that changes how potential employers assess whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA). The final rule, issued January 9, 2024, was published in the Federal Continue Reading
Employee Relations Law Journal | ESG Investing by ERISA Plan Fiduciaries: The Saga Continues
There has been a long, confusing trail of regulatory and sub-regulatory guidance issued by the U.S. Department of Labor (DOL) dealing with the standards that plan fiduciaries must meet when selecting socially-conscientious investments for their retirement plan (i.e., so-called ESG investments). Continue Reading
Ad Age | How Businesses Can Manage Mandatory Vaccination Policies
The Biden administration has tasked the Department of Labor with issuing an order that will require employers with more than 100 employees to mandate COVID vaccines or weekly testing. This new directive aligns with the thoughts of many advertising agencies that, even prior to the president’s Continue Reading
COBRA Changes Under the American Rescue Plan Act of 2021
The Bottom Line President Biden signed the American Rescue Plan Act of 2021 (the Act) into law on March 11, 2021. While direct payments to certain taxpayers and extending unemployment benefits have received most of the attention in the media, the Act also provides for the federal government to Continue Reading
Regulators Clarify COVID-19 Relief Deadline Extension
The Bottom Line Plan sponsors and administrators have been grappling with how to handle the possible expiration of the extension relief granted for certain deadlines applicable to group health plans under the “Joint Notice” published in May 2020 (the 2020 Guidance). With just two days to go Continue Reading
US DOL Releases Regulations Clarifying Employer FFCRA Obligations
The Department of Labor (DOL) has issued revised rules (the Revised Rules) clarifying its prior rules on the Families First Coronavirus Response Act (FFCRA). The FFCRA provides eligible employees with up to 2 weeks of emergency paid sick leave (EPSL) and up to 12 weeks of paid public health Continue Reading
U.S. DOL Issues Additional Guidance on COVID-19 and FLSA, FMLA and FFCRA Rules
The Bottom Line The United States Department of Labor (DOL) recently issued new FAQs addressing requirements under the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and Families First Coronavirus Response Act (FFCRA) as employees return to work amid Continue Reading
SDNY Holds that DOL “Jumped the Rail” and Strikes Down Certain DOL Rules on FFCRA Leave
Update The Department of Labor has promulgated revised rules clarifying its positions on FFCRA Leave in response to the SDNY decision discussed below. Our summary of these revisions can be found in our updated FAQs Alert, here. The Bottom Line While the DOL will likely appeal the Continue Reading
Summer Camp Closures and Cancelled Enrichment Programs Allow Working Parents to Request Paid Leave from Covered Employers
The Bottom Line The Families First Coronavirus Response Act (FFCRA) requires employers with fewer than 500 employees to allow an eligible employee to take paid leave to care for a child whose school or “place of care” is closed due to COVID-19 and no other suitable person is available to care Continue Reading
Retirement Plans: Regulators Provide Relief from Certain ERISA Requirements During the COVID-19 Crisis
The Bottom Line The Notice provides valuable relief from the DOL’s enforcement of certain requirements under Title I of ERISA. However, the Notice does not affect a participant or beneficiary’s enforcement rights under ERISA.Much of the relief provides that enforcement actions will generally not be Continue Reading