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Department of Labor's 'Bridge to Justice' Will Likely Lead to More Lawsuits Against Employers

Effective December 13, 2010, an unprecedented joint "Bridge to Justice" initiative between the U.S. Department of Labor and the American Bar Association will assist plaintiffs in obtaining legal counsel for claims under the Fair Labor Standards Act (FLSA), and the Family and Medical Leave Act...

Free Download: Sutherland Alert-2010 in Review: ERISA Individual Prohibited Transaction Exemptions

by Dan Buchner and Mark Smith In 2010, the Department of Labor (DOL) continued an active program of issuing individual exemptions from the prohibited transaction rules of ERISA. These rules generally prohibit, among other things: Sale and lending transactions between: (1) certain retirement and...

Sutherland Alert: DOL Advisory Opinions Consider Fiduciary Issues

by Mark Smith, Dan Buchner, and Jamey Medlin The U.S. Department of Labor (DOL) recently issued three advisory opinions considering fiduciary or prohibited transaction issues arising in the management of ERISA plans. Asset Manager's Selection of Remotely Affiliated Broker-Dealer In Advisory...

New Department of Labor Guidance on Electronic Disclosures

by Edward I. Leeds and Clifford J. Schoner The Department of Labor has published an interim policy describing how fiduciaries may use electronic media to meet new DOL requirements, which will take effect this spring. The policy, set forth in Technical Release 2011-03, describes when and how fiduciaries...

Department of Labor Teams with IRS to Combat Misclassification

At a signing ceremony at the offices of the Department of Labor in Washington, D.C., the DOL and the IRS signed a memorandum of understanding that will likely result in increased DOL and IRS enforcement proceedings against employers accused of misclassifying employees as independent contractors. Seven...

Employers, Don't be too Quick to Take that IRS "Independent Contractor" Deal

Don't eat that pretty red apple, Snow White!!! It has poison in it!!!! You know the old saying, "If it seems too good to be true, it probably is"? Well, it appears that this may be the case with the new "sweet deal" the Internal Revenue Service is offering to employers who...

Sutherland Alert: DOL Releases Final PPA Participant Advice Regulation

by Mark Smith and Joanna Myers On October 25, 2011, the Department of Labor (DOL) published its final regulation implementing the ERISA prohibited transaction exemptions for participant investment advice enacted in the Pension Protection Act of 2006 (PPA). This final regulation brings to a conclusion...

DOL Issues FMLA Guide

Last week, the Department of Labor issued the Family and Medical Leave Act Employee Guide . It's a helpful resource for employers and employees alike. Check out the flow charts! The guide is concise enough to serve as a quick reference, but detailed enough to touch on some of the finer points. For...

New regulatory initiatives: Next up, the Department of Labor?

The EEOC and the NLRB have taken significant steps in the past two years to advance issues that have been considered important to the administration of the respective statutes which they oversee. Now it may the turn of the Department of Labor to step up its activity. The DOL focused on the obligations...

U.S. Department of Labor Proposes Pay Transparency Rule for Employees of Federal Contractors

While the proposed changes are not yet in effect and are subject to change following a public comment period, federal contractors and subcontractors to whom the rule would apply if finalized should stay abreast of the status of the rule. On September 17, 2014, the U.S. Department of Labor Office of...

SCOTUS on DOL Interpretations

Yesterday, the Supreme Court issued its opinion in Perez v. Mortgage Bankers Ass'n. (opinion here) [lexis.com subscribers may access Supreme Court briefs and an enhanced opinion for this case]. The Court held that executive branch agencies (in this case, the Department of Labor) may revise their...

Department of Labor's "No Opinion Letters" Policy Reaffirmed

by John E. Thompson From the federal Fair Labor Standards Act's inception in 1938, employers sought, and officials of the U.S. Labor Department's Wage and Hour Division provided, official written explanations of how that law works in particular situations. These "opinion letters"...