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 FeaturesWebinar | 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 EmployersDEI Developments: DOJ Issues Memo, “Ending DEI and DEIA Discrimination and Preferences”
As we reported previously, President Trump’s January 21 Executive Order (EO) 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” terminated certain affirmative action requirements applicable to government contracts and federally-funded construction contracts. The EO also mandates that new provisions be included in all government contracts and all grants, certifying that counterparties do not have diversity, equity and inclusion (DEI) policies that violate federal anti-discrimination law. We noted that, in absence of additional government guidance, there was some challenge in identifying what DEI programs may be permissible going forward.
Ruling to Halt FTC’s Ban on Non-Compete Agreements
In a recent G2 Intelligence article, I discussed the Texas court ruling halting the ban on non-compete agreements issued by the Federal Trade Commission (FTC) in 2024. While the FTC plans to appeal the decision, employers should be aware of the issues surrounding non-competes in order to stay compliant with the law.
Continue Reading Ruling to Halt FTC’s Ban on Non-Compete AgreementsPresident Trump’s Shake-Up of Federal Enforcement Agencies Continues with Big Changes to the EEOC
Last week, as part of a major shake-up of the federal government’s enforcement agencies, President Trump made three major changes to the Equal Employment Opportunity Commission (EEOC), all of which will cause a major shift in the political leanings of the EEOC. One of those changes, the firing of EEOC General Counsel Karla Gilbride, was expected. The other changes, the firing of EEOC Commissioners Charlotte Burrows and Jocelyn Samuels, were unexpected and unprecedented.
Continue Reading President Trump’s Shake-Up of Federal Enforcement Agencies Continues with Big Changes to the EEOCPresident Trump Makes Two Big Changes to NLRB – One Expected, One Unprecedented
Update (February 3, 2025): On February 1, President Trump fired Acting General Counsel Jessica Rutter. At this time, it is unclear who will serve as Acting General Counsel or who President Trump will ultimately appoint as General Counsel of the NLRB. We will closely monitor and report on further developments.
Late Monday night, President Trump made two major changes to the National Labor Relations Board (NLRB), both of which will cause a major shift in the political leanings of the NLRB and one that may substantially impact the president’s direct authority over government agencies. One of those changes, the firing of NLRB General Counsel Jennifer Abruzzo, was expected and somewhat surprising that it took this long. The other change, the firing of Board Member Gwynne Wilcox, was unexpected and unprecedented.
Continue Reading President Trump Makes Two Big Changes to NLRB – One Expected, One Unprecedented2025 Changes to ACA Employer Information Reporting Obligations and the Employer Shared Responsibility Penalties
In December 2024, Congress and President Biden passed two laws—the Paperwork Burden Reduction Act (PBRA) and the Employer Reporting Improvement Act (ERIA)—that made important changes to employers’ responsibilities regarding furnishing information to employees under the Affordable Care Act (ACA) information reporting provisions as well as the response deadlines and the statute of limitations for the employer shared responsibility penalty assessments.
Continue Reading 2025 Changes to ACA Employer Information Reporting Obligations and the Employer Shared Responsibility PenaltiesPresident Trump Revokes Executive Order 11246
“Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (Order) is one of President Trump’s most recent executive orders. The Order was signed on January 21, 2025. The Order revoked Executive Order EO11246 (EO11246), along with several other previously enacted executive orders aimed at promoting diversity, equity and inclusion (DEI) in the workplace. EO11246 has been in effect since 1965. The White House stated in a fact sheet that the Order will streamline the federal contracting process to “enhance speed and efficiency, reduce costs, and require Federal contractors and subcontractors to comply with [] civil rights laws.”
Continue Reading President Trump Revokes Executive Order 11246Supreme Court Clarifies Employer’s Burden of Proof Standard for Establishing Overtime Exemptions
A unanimous Supreme Court recently clarified the burden of proof an employer must meet to establish that an employee is exempt from the overtime pay requirements of the Fair Labor Standards Act (FLSA). Prior to this decision, some courts had imposed a more difficult clear-and-convincing standard of proof. But, the Supreme Court made clear that the preponderance-of-the-evidence standard of proof applies.
Continue Reading Supreme Court Clarifies Employer’s Burden of Proof Standard for Establishing Overtime ExemptionsBREAKING: DOL Expands the Voluntary Fiduciary Correction Program
Earlier today, the U.S. Department of Labor (DOL) published in the Federal Register an updated version of the Voluntary Fiduciary Correction Program (VFCP) under Title I of ERISA. Per the DOL, VFCP “is designed to encourage correction of fiduciary breaches and compliance with law by permitted persons to avoid potential [DOL] civil enforcement actions and civil penalties if they voluntarily correct” errors in accordance with the program. Notably, the update expands the current VFCP by adding a much-anticipated self-correction component for delinquent transmittal of participant contributions and loan repayments to retirement plans in specific circumstances.
Continue Reading BREAKING: DOL Expands the Voluntary Fiduciary Correction Program