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
COBRA Changes Under the American Rescue Plan Act of 2021
The Bottom Line The American Rescue Plan Act of 2021 requires employers to provide new or updated notices to qualified individuals about the availability and expiration of newly created COBRA subsidies.Plan sponsors should work with their COBRA administrators and ERISA counsel to understand their Continue Reading
Regulators Clarify COVID-19 Relief Deadline Extension
The Bottom Line The newly issued Notice could be quite difficult to apply in practice for plan sponsors and third party administrators, as it requires a plan sponsor and its third party administrators to track each participant’s or beneficiary’s tolling period from the date he/she became entitled Continue Reading
US DOL Releases Regulations Clarifying Employer FFCRA Obligations
U.S. DOL Issues Additional Guidance on COVID-19 and FLSA, FMLA and FFCRA Rules
The Bottom Line With the “new norm” of remote work, employers should ensure compliance with FLSA requirements pertaining to compensation of all hours worked by nonexempt employees and salary payments to employees who are classified as exempt.For employees who request FMLA leave, the DOL has 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 Employees who managed to both work or telework, and take care of their kids when schools were closed during the months of April, May and June 2020, could be eligible for a paid leave during the summer months to care for kids if their planned camp or other summer program is also 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