The U.S. Department of Labor (DOL) performs wage and hour audits of employers by selecting them at random, or because they are in targeted industries (usually low-wage), or as a result of a complaint from an employee or former employee. The investigations have increased significantly over the past few years and can result in orders […]
The U.S. Department of Labor (DOL) is stepping up enforcement of the limits on permissible wellness incentives. For example, Dorel Juvenile Group Inc. agreed to pay a $14,563.50 penalty and return a total of $145,635 in tobacco surcharges to employees who originally had to pay them (Acosta v. Dorel Juvenile Group, Inc., No. 1:18-cv-02993-JRS-MJD (S.D. […]
With the current focus in the retirement plans community on missing and unresponsive 401(k) plan participants, practitioners have sought additional guidance from the U.S. Department of Labor (DOL) to clarify the meaning of a “reasonable search” for participants by an ongoing plan (see August column). As the community waits, plan fiduciaries are reviewing their current […]
The U.S. Department of Labor’s (DOL) new model forms for Family and Medical Leave Act (FMLA) administration are now available, but don’t expect any substantive change. Only the expiration date has changed.
The U.S. Department of Labor (DOL)’s guidance for locating missing participants in the event of a plan termination has become more widely accepted for finding such participants in a variety of scenarios. But the guidance does not clearly state at what point the retirement plan fiduciary has met its obligation to track down missing participants […]
Federal agency audits are never far from the minds of employer retirement plan sponsors and their third-party administrators (TPAs), but knowing which recurring errors and internal controls most interest the Department of Labor (DOL) and the Internal Revenue Service (IRS) right now can be helpful in avoiding or preparing for such inquiries.
The U.S. Department of Labor’s (DOL) fiduciary rule was laid to rest June 21 when the U.S. Court of Appeals for the 5th Circuit issued a final mandate to vacate the regulation aimed at expanding the definition of an investment advice fiduciary.
Those with eagle eyes and current FMLA administration needs may have noticed the May 31, 2018, expiration of several model DOL forms. Never fear, fresh forms—now sporting a June 30, 2018, expiration—are now available from the DOL. Aside from the one-month expiration extension, no other changes have been made to the forms.
The U.S. Department of Labor (DOL) confirmed that neither it nor the Internal Revenue Service (IRS) would punish prohibited transaction exemption (PTE) violations by investment advice professionals who are fiduciaries working in good faith to comply with impartial conduct standards.
The U.S. Department of Labor (DOL) is reportedly planning to change rules on youth employment so that more teens would be allowed to train to work in jobs deemed hazardous. But attorneys focusing on employment law issues warn that even if the change takes place, employers will still need to keep safety a priority and […]