Tag: DOL

What to Do When DOL Comes Knocking at Your Door

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 […]

DOL Exacting Fines for Noncompliant Wellness Incentives

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. […]

DOL

DOL Auto-Portability Approval May Ease Rollovers, Reduce Missing Participants

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 […]

Make Sure You Take Sufficient Steps to Find Missing Participants

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 […]

IRS

Missing Participants Errors Now Top DOL, IRS Audit Focus, Nudging Out Late Payroll Deposits, Winston & Strawn Says

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.

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Got FMLA Forms? Visit DOL.gov for Updated Expiration Date on Model Notices

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.

retirement

DOL Continues Fiduciary Rule Enforcement Relief, But Confusion Remains

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.

DOL Reportedly Mulling Easing Rules on Teens in Hazardous Jobs

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 […]