Posts tagged 'DOL'

On November 19, the Department of Labor (DOL) announced that it recovered a significant amount in back wages and damages for employees. Specifically, the DOL’s Wage and Hour Division (WHD) stated that it received more than $1.4 million for 36 Mexican engineers. 

On September 24, the U.S. Department of Labor (DOL) announced the publication of new AI hiring and recruitment requirements. Specifically called “AI & Inclusive Hiring Framework,” this new tool was designed to support the inclusive use of artificial intelligence (AI) in employers’ hiring technology. Additionally, the DOL believes the new resource will increase benefits for disabled job seekers. It is important to note that employers must not discriminate against federally protected classes, which include race, sex, age, disability, and pregnancy status. This includes whether or not the employer utilizes AI hiring and recruitment. Comparatively, the EEOC has ramped up its enforcement efforts in recent years. Previously, in April 2024, the DOL joined other federal departments and agencies by releasing AI guidance. Chiefly, the DOL’s release called for “fairness, equality, justice[,] and compliance as automated systems [like AI] become more commonly used.”

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. Opinion Letter on Voluntary Training T...

As anticipated, President Trump today signed an Executive Order that, once fully implemented, will give consumers new options for health insurance and expand employer-funder Health Reimbursement Arrangements (HRAs). The executive action orders the Department of Labor (DOL) to look into ways of expanding Association Health Plans (AHPs) that can sell policies across state lines and not be subjec...

The Department of Labor (DOL) and the courts themselves have generally hewed to the ruling in the 1982 case of Lynn's Food Stores, Inc. v. the United States  that the "substantive rights" afforded by the Fair Labor Standards Act (FLSA) cannot be bargained or negotiated outside of court except by the DOL. Such "substantive rights" include the FLSA guarantee of time-a...

The U.S. Department of Labor's Employee Benefits Security Administration (EBSA) has created a new consumer assistance Web page that provides easy access to useful information and allows users to submit questions and complaints about health and retirement plans electronically. "Helping retirement and health plan participants find answers to questions about their benefits and providing a...

Calling the Department of Labor's Fact Sheet #71—"Internship Programs Under the Fair Labor Standards Act"—"a poor method" and "overly rigid and inconsistent," the 6th Circuit Court of Appeals has ruled in favor of a for-profit nursing home that relied in part on interns to run its operations. The Labor Department issued a six-factor test to determin...

Under a 2002 electronic safe harbor rule, benefit plan administrators can use electronic delivery methods for summary plan descriptions, benefit statements, administrative forms, annual notices and the like. However, the safe harbor places various restrictions on the use of electronic delivery. For instance, merely posting the information on an intranet site is not deemed sufficient, but sendin...

The Departments of Labor, Health and Human Services and Treasury keep extending the compliance deadline of a provision of the Patient Protection and Affordable Care Act (PPACA) affecting non-grandfathered health insurance plans. PPACA originally set the deadline for Jan. 1, 2011, but before that date even rolled around, it was extended to July 1, 2011. On March 18 the deadline was extended once...

The Department of Labor (DOL) has created a Web tool to solicit public commentary on "Improving Regulation and Regulatory Review," the Obama initiative issued on Jan. 18, 2011. The new portal is for comments on existing DOL regulations and reporting requirements, with the goal of streamlining and simplifying. The DOL announcement gives these guidelines: In addressing these questions...