Labor & Employment

WHD Limits Supervised Payments, No Liquidated Damages

The U.S. Department of Labor's Wage and Hour Division (WHD) issued Field Assistance Bulletin No. 2025-3, effective June 27, 2025, rescinding FAB 2021-2. The WHD will no longer supervise the payment of liquidated damages in administrative settlements under the Fair Labor Standards Act (FLSA), limiting supervised payments to unpaid minimum wages or overtime compensation.

WHD Suspends 2013 Home Care Enforcement Guidance

The U.S. Department of Labor's Wage and Hour Division (WHD) has issued Field Assistance Bulletin No. 2025-4, suspending enforcement of its 2013 final rule concerning the Fair Labor Standards Act (FLSA) application to domestic service employees. This guidance is effective immediately and will remain in place until a new final rule is issued.

OSHA Cites Horizon Biofuels for Safety Violations After Fatal Explosion

The U.S. Department of Labor's OSHA has cited Horizon Biofuels Inc. for willful and serious safety violations following a fatal explosion at their Fremont, NE facility. The company faces proposed penalties of $147,542 for issues including combustible dust, ignition source protection, and lack of fall protection.

NY Contractor Settles $600k Penalty for Safety Violations

A New York roofing contractor, DME Construction Associates Inc., has settled with the U.S. Department of Labor for $600,000 following a fatal fall in 2021. The settlement resolves willful safety violations, including failure to provide fall protection, and requires enhanced safety measures.

Labor Department Launches Compliance Assistance Tools

The U.S. Department of Labor's Wage and Hour Division has launched new compliance assistance tools, including a webpage, video series, and industry toolkits. These resources aim to help employers understand federal labor laws and promote proactive compliance.

OSHA Cites Construction Firm for Trench Safety Violations

The Occupational Safety and Health Administration (OSHA) has cited CB&A Construction LLC for willful trench safety violations following an investigation into a trench collapse. The agency proposed $170,145 in penalties.

DOL Guidance on Longshore and Harbor Workers' Compensation Act Security Deposits

The U.S. Department of Labor has published new guidance to provide enhanced and transparent criteria for calculating securitization requirements for insurers writing policies under the Longshore and Harbor Workers' Compensation Act. This guidance aims to lower costs for vital industries while ensuring worker safety.

Department of Labor Rescinds ERISA Advisory Opinion 2023-01A on Citigroup Program

The Department of Labor has rescinded Advisory Opinion 2023-01A concerning Citigroup's Action for Racial Equity Asset Manager Program. The Department now states the program is unlawful under civil rights laws, not ERISA, and requires Citigroup to immediately cease all illegal activity.

ERISA Advisory Opinion on California Firefighters Disability Plan

The Department of Labor's Employee Benefits Security Administration (EBSA) issued Advisory Opinion 2025-02A regarding the California Association of Professional Firefighters (CAPF) Long Term Disability Plan and the National Peace Officers and Fire Fighters Benefit Association (NPFBA) Long Term Care Plan. The opinion addresses whether these plans qualify as employee welfare benefit plans under ERISA.

Morgan Stanley Compensation Plan Not Subject to ERISA

The Department of Labor issued Advisory Opinion 2025-03A, determining that Morgan Stanley's deferred incentive compensation programs are not considered employee pension benefit plans under ERISA. This guidance clarifies the applicability of ERISA to specific compensation structures for financial advisors.