Not My Legal Opinion

WASHINGTON — The U.S. Department of Labor today announced the selection of eight Employment Navigator and Partnership Program partners with the department’s Veterans’ Employment and Training Service. The ENPP provides service members transitioning from active duty and their spouses with personalized employment assistance. VETS signed three-year memorandums of understanding with organizations in California, Colorado, the District of Columbia, Florida, Idaho, Massachusetts and New York, which will provide services through the agency’s Transition Assistance Program.The ENPP complements the department’s typical transition workshops for service members and their spouses with personalized employment assistance. It also connects participants with partner organizations to provide additional employment services before and after their military separation. The latest additions to the Employment Navigator and Partnership Program include the following: Organization nameCityStateOrganization nameCityStateHesperusSan DiegoCASkillstorm Commercial Services LLCJacksonvilleFLClearance JobsCentennialCOIdaho Veterans Chamber of CommerceBoiseIDManufacturing InstituteWashingtonDC7 Eagle GroupAmherstMATroops to Energy JobsWashington DCStratus Consulting GroupGlen FallsNYOperating at 37 U.S. and overseas Air Force, Army, Coast Guard, Marine Corps and Navy installations, Employment Navigators provide transitioning service members and their spouses with individualized career assistance, which can include apprenticeship opportunities, training, digital matching of skills and experiences, employment networking, mentoring and referrals, hiring events, placement services, and other services. The organizations announced today will join 56 other non-governmental and two governmental organizations in the program.Organizations interested in becoming an ENPP partner should email TAPPartnerships@dol.gov or visit the Employment Navigator and Partnership Program to learn more.

Under a new Louisiana law enacted on June 25, 2024, nondisclosure clauses required by an employer and agreed to prior to a hostile work environment dispute or sexual harassment dispute will be unenforceable. Louisiana joins the federal government and a growing number of states that have passed #MeToo-inspired laws restricting the use of nondisclosure clauses relating to sexual and other misconduct in the workplace.

By Jesse Miller Seyfarth Synopsis: On June 24, 2024, the U.S. Supreme Court granted certiorari in the case of Feliciano v. Department Of Transportation. The Supreme Court will review the Federal Circuit’s decision affirming the Merit Systems Protection Board’s (“MSPB”) denial of differential pay to Nick Feliciano, an air traffic controller for the Federal Aviation... Continue Reading

By Jesse Miller Seyfarth Synopsis: On June 24, 2024, the U.S. Supreme Court granted certiorari in the case of Feliciano v. Department Of Transportation.  The Supreme Court will review the Federal Circuit’s decision affirming the Merit Systems Protection Board’s (“MSPB”) denial of differential pay to Nick Feliciano, an air traffic controller for the Federal Aviation... Continue Reading

By Suzanne L. Saxman, Shamim Mohandessi, and Tess Rabin Seyfarth Synopsis: On June 10, 2024, the Financial Crimes Enforcement Network (FinCEN) released further guidance regarding Corporate Transparency Act (CTA) compliance by updating and expanding the Beneficial Ownership Information (BOI) Reporting Frequently Asked Questions (FAQs) as has become regular practice. The updates provide clarity on reporting... Continue Reading

By Kimberly Shen and Sam M. Schwartz-Fenwick Seyfarth Synopsis: The Second Circuit recently ruled that an ERISA plan’s arbitration provision was not enforceable because the provision barred plan-wide relief. Cedeno v. Sasson, 2024 WL 1895053 (2d Cir. May 1, 2024). The Court decision highlights the unsettled nature of the law surrounding ERISA arbitration provisions. It... Continue Reading

By Michael Berkheimer, Cary Burke, and Sage Fishelman Seyfarth Synopsis: In an opinion drafted by Justice Thomas and joined by seven other Justices, on June 13, 2024, the U.S. Supreme Court vacated the Sixth Circuit Court of Appeals’ affirmation of an injunction issued under Section 10(j) of the National Labor Relations Act (“Act”). In doing so, it held that... Continue Reading

WASHINGTON – The Department of Labor announced its Employee Benefits Security Administration today issued a report to Congress on an interpretive bulletin related to fiduciary standards when selecting an annuity provider for a defined benefit pension plan. Interpretive Bulletin 95-1, which outlines these Employee Retirement Income Security Act fiduciary requirements, was first issued in 1995. EBSA issued this report in response to a SECURE 2.0 Act directive to review the bulletin, consult with the ERISA Advisory Council and determine whether any amendments are necessary.The bulletin lists factors that a fiduciary must consider when evaluating an annuity provider’s ability to pay claims and creditworthiness. As outlined in the report, EBSA found that the bulletin’s current factors are still relevant to a fiduciary’s prudent and loyal evaluation and that guidance in this area should remain principles-based.However, the agency notes in the report that the agency should further explore developments in both the life insurance industry and in pension risk transfer, also known as “derisking,” practices to determine whether some of the bulletin’s factors need revision or supplementation and whether additional guidance should be developed. A pension risk transfer in this case is the purchase of an annuity in the context of selecting an annuity provider for a defined benefit pension plan. “Today’s report is the result of an extensive and thorough review, including more than 40 stakeholder meetings on this topic and input received through our consultation with the ERISA Advisory Council,” said Assistant Secretary for Employee Benefits Security Lisa M. Gomez. “We look forward to further exploration of the issues and concerns raised during the process, so that we can consider what next steps may be necessary to guide fiduciaries considering a pension risk transfer for their defined benefit pension plans, so that the fiduciaries can meet their obligations to participants and beneficiaries.”Some stakeholders urged EBSA to update Interpretive Bulletin 95-1 to focus fiduciaries’ attention on issues such as insurers’ ownership structures, exposure to risky assets and non-traditional liabilities, and use of affiliated and offshore reinsurance. While some industry participants say the existing bulletin fully addresses these topics, EBSA found that further consideration should be given to amendments to its guidance that could enhance fiduciary decision-making when selecting an annuity provider. These issues—separately or in combination—may expose annuitants to excessive risk. Broader public input is an important next step in determining how Interpretive Bulletin 95-1 might be amended to address potential risks to participants and beneficiaries. Any changes will be preceded by public notice and comment.Read the report to Congress and appendices.UPDATED AT 4:45 P.M. EDT.Editor’s note: The updated release clarifies content of the department's report.

WASHINGTON – The U.S.-Mexico-Canada Agreement’s Interagency Labor Committee for Monitoring and Enforcement today requested the government of Mexico review an allegation that workers’ rights are being denied by Industrias Tecnos, a munitions manufacturing facility in Cuernavaca. The U.S. Department of Labor and U.S. Trade Representative co-chair the Interagency Labor CommitteeThe request for review follows a petition filed on May 23, 2024, by the union Sindicato Metálicos and its union confederation, the Unión de Federaciones y Sindicatos de Mexico.Filed under the USMCA’s Rapid Response Labor Mechanism, or RRM, the petition alleges Industrias Tecnos, in collaboration with the incumbent union, Sindicato Químico, discriminated against workers who did not choose to join Sindicato Químico, subjected them to harassment and pressure to reaffiliate with Sindicato Químico, and used pretextual reasons to justify their illegal termination. After the committee found sufficient and credible evidence supporting the company’s denial of workers’ rights, the U.S. government invoked the RRM by submitting a request to review to Mexico. “The U.S. Department of Labor is committed to ensuring that workers’ rights to freedom of association and collective bargaining are upheld, as mandated by Mexico’s labor laws and the USMCA. Our investigation into Industrias Tecnos revealed evidence of interference in worker organizing efforts and retaliation against workers for their union activity, which violate these commitments,” said Deputy Undersecretary for International Labor Affairs Thea Lee. “We look forward to working with the government of Mexico to ensure that workers at Industrias Tecnos can exercise their rights without fear of retaliation.”“The USMCA empowers workers to organize freely and support the union of their choice. Through today’s invocation of the RRM, we are again reaffirming this right and our intention to continue using this tool to advocate that workers’ rights are respected,” said Ambassador Katherine Tai. “Measures taken through the RRM have directly benefitted over 35,000 workers, and we look forward to collaborating with the Government of Mexico to deliver for the workers represented in this matter as well.”Mexico’s government has 10 days to decide whether to conduct a review and 45 days to investigate the claims and present its findings. Industrias Tecnos is an ammunitions manufacturing company that operates under the brand Aguila Ammunition. The company produces ammunition for the sport shooting industry, government, military, and law enforcement institutions, with authorized distributors of Aguila Ammunition in 28 countries, including the U. S.Learn more about the department’s international work.

July 1, 2024, marks the end of Nevada’s two-tiered, annually increased, minimum wage.  Effective July 1, 2024, the Nevada minimum wage will increase to $12.00 per hour, regardless of the whether the employer offers employees qualifying health benefits.  The July 1, 2024, wage increase is the culmination of Ballot Question 2 from the November 2022 election, in which Nevada voters approved the state’s return to a single minimum wage, set at $12.00 per hour.  Ballot Question 2—which is now codified at Art.