KMK Law Management Rights Blog

On October 13, 2022, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) to modify Wage and Hour Division regulations to revise its analysis for determining employee or independent contractor classification under the Fair Labor Standards Act (FLSA).  

On April 1, the Department of Labor (DOL) issued a temporary rule to help employers navigate the recent expansion to paid family medical and sick leave established under the Families First Coronavirus Response Act (FFCRA).  The rule reiterates several of the “critical issues” clarified by the DOL in previous guidance on the FFCRA, further details the “small business exemption” to the FFCRA, and clarifies the instances in which the expanded family medical leave and paid sick leave overlap. 

Late last week the DOL issued two additional sets of guidance on the FFCRA to answer many of the pressing questions employers have been asking as they prepare for its April 1, 2020 effective date.  The guidance is in FAQ format and covers a wide variety of topics over a current total of 59 questions and answers. Some of the highlights include:

On October 22, 2019, the Department of Labor issued proposed rules intended to relax the current (and, in many respects, outdated) electronic disclosure rules. The proposed rules offer additional e-disclosure options and have the potential to save ERISA plans significant time and money. Notably, the proposed rule includes a new, voluntary safe harbor which would allow employers to make retirement plan disclosures via website, subject to certain requirements such as participant notifications and specific website standards. The rule would permit default electronic delivery ...

The DOL recently released a final rule intended to provide small businesses with greater access to quality and affordable retirement plans.  The new rule, effective September 30, 2019, clarifies that a small employer group (association) -- such as employers in the same locale or particular industry/trade -- can band together and offer a defined contribution retirement plan to their employees through an Association Retirement Plan (“ARP”).  This significantly relaxes the “commonality” standard previously required for separate employers to offer a combined retirement ...

This week, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) released a finalized recordkeeping rule that becomes effective January 1, 2017.  Under the final rule, certain employers are required to electronically submit data regarding work-related injuries and illnesses.  Impacted employers are already required to collect and record this data under OSHA regulations.  However, now, this employer injury and illness data will be public.  Once OSHA removes personal identifying information of employees, the data will be posted on OSHA’s website.

New Rules for Federal Contractors:

On December 3, 2014, the Department of Labor announced a Final Rule changing OFCCP’s regulations so that they prohibit discrimination based on, and require treatment of applicants and employees without regard to, sexual orientation or gender identity.  These final rules were issued as a result of President Obama signing an executive order in July, 2014, extending workplace protections to lesbian, gay, bisexual and transgender (LGBT) Americans in the federal contracting workforce.