As announced in our previous HR Law Talk blog post, on January 15, the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) published a much anticipated amended and restated version of the Voluntary Fiduciary Correction Program (VFCP) in the Federal Register, which now includes two self-correction features. The VFCP, initially adopted in 2002 and last amended in 2006, allows ERISA plan administrators, plan sponsors, and other plan officials to correct certain fiduciary breaches and receive relief from potential DOL civil enforcement actions.Continue Reading Updated Voluntary Fiduciary Correction Program for ERISA Plans Includes Self-Correction Features
Department of Labor
Webinar | ICE Workplace Raids: Best Practices and Preparation for Employers

Along with my colleagues Anna Grizzle, Lisa Rivera and Elizabeth Warren, I provide guidance and best practices on effectively responding to a U.S. Immigration and Customs Enforcement (ICE) raid.Continue Reading Webinar | ICE Workplace Raids: Best Practices and Preparation for Employers
Federal Judge Strikes Down Increased FLSA Salary Basis Threshold
A federal judge in Texas recently ruled that the Department of Labor (DOL) did not have the authority to increase the salary basis threshold for the so-called “white-collar” exemptions from overtime. This ruling means that the new rule has been vacated nationwide, will not go into effect, and the previous increase has been rescinded. Continue Reading Federal Judge Strikes Down Increased FLSA Salary Basis Threshold
Supreme Court Overturns Landmark Chevron Decision: Expect Impact on Employment Decisions
On June 28, the U.S. Supreme Court overturned the landmark Chevron decision, which had required courts to uphold a federal agency’s interpretation of a statute as long as it was reasonable. Now, courts are required to exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not defer to an agency’s interpretation of the law simply because a statute is ambiguous. Continue Reading Supreme Court Overturns Landmark Chevron Decision: Expect Impact on Employment Decisions
DOL Announces Final Overtime Rule Increasing Salary Threshold
The U.S. Department of Labor (DOL) announced a Final Rule increasing the salary threshold for Fair Labor Standards Act (FLSA) overtime exemptions, a move which the DOL anticipates will result in around four million additional workers becoming eligible for overtime pay. Continue Reading DOL Announces Final Overtime Rule Increasing Salary Threshold
HR.com Article on Contingent Workforce
Our article, “Contingent Workforce: Implications of DOL’s Final Rule on Employers,” was published in the March 2024 issue of HR.com’s HR Legal & Compliance Excellence Magazine.Continue Reading HR.com Article on Contingent Workforce
DOL Issues Final Rule Regarding Independent Contractor Classification
The U.S. Department of Labor (DOL) issued its Final Rule regarding the test for independent contractor classification. The Final Rule, which becomes effective March 11, 2024, largely mirrors the DOL’s proposed rule announced in 2022 and sets forth a multi-factor “totality of the circumstances” economic realities framework for analyzing whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA).Continue Reading DOL Issues Final Rule Regarding Independent Contractor Classification
NLRB Issues New Rule Broadening Joint-Employer Status
NOTE: This post was originally written October 31, 2023, and was updated on December 12, 2023.
The National Labor Relations Board (NLRB) recently issued a final rule setting forth a new standard for joint-employer status under the National Labor Relations Act (NLRA). The new rule, the NLRB recently voted to delay by 2 months and is now set to go into effect on February 26, 2024, drastically broadens the scope of who can be considered a joint employer under the NLRA.Continue Reading NLRB Issues New Rule Broadening Joint-Employer Status
Potential New DOL Classification for Independent Contractors
I recently authored an article for BenefitsPRO outlining guidance for employers ahead of the anticipated rulemaking from the Biden administration’s Department of Labor (DOL) related to the classification of independent contractors.
Continue Reading Potential New DOL Classification for Independent Contractors
Enforcement of the Transparency in Coverage Public Disclosure Requirement Rapidly Approaching
Starting July 1, 2022, employers that maintain group health plans (plans) and health insurance issuers (issuers) will be required to disclose pricing information on a public website in the form of three machine-readable files (MRFs). This requirement is one of the Transparency in Coverage Final Rules (the Rules) released by the Department of Health and Human Services (HHS), the Department of Labor (DOL), and the Department of the Treasury (collectively, the Departments) in November 2020.
Continue Reading Enforcement of the Transparency in Coverage Public Disclosure Requirement Rapidly Approaching