Labor & Employment Law Update

On June 23, 2020, the Department of Labor introduced a new proposed rule to better define plan fiduciaries’ duties under ERISA involving environmental, social, and governance (“ESG”) factors in investment decisions. The proposed rule embodies much of the DOL’s prior guidance about the issue, but it also adds a few […]

Finally, some good news in 2020!  On Thursday, July 2, 2020, the Office of Federal Contract Compliance Programs (“OFCCP”), published its final rule explicitly exempting certain health care providers from the OFCCP’s enforcement activities as they relate to affirmative action.  Specifically, the final rule exempts TRICARE health care providers from […]

On July 8, 2020, the United States Supreme Court reaffirmed that teachers at religious institutions are not entitled to the protections of federal employment discrimination laws if their duties include religious instruction. The combined decisions, Our Lady of Guadalupe School v. Morrissey-Berru, Case No. 19-267, and St. James School v. […]

The Department of Labor adopted long-awaited final regulations establishing a new default safe harbor for the electronic disclosure of retirement plan information under ERISA.  These final regulations do not drastically differ from the DOL’s proposed regulations which were issued in October 2019.  (For more information on the proposed regulations, click […]

Despite the uncertainty that the COVID-19 crisis has brought to our workplaces, the Office of Federal Contract Compliance Programs (“OFCCP”) appears to be operating at near to full strength, issuing several new forms, directives, and programs in the last few months.  Let’s get caught up. OFCCP Issues New Disability Self-Identification […]