Top News

WLF pushes Minn. federal court to strike down U.S. Department of Labor’s ‘persuader rule’

Jessica Karmasek Sep. 19, 2016, 2:33pm

In its brief, the Washington Legal Foundation contends the U.S. District Court for the District of Minnesota erred by holding at the preliminary injunction stage that the plaintiffs’ facial challenge to the Persuader Advice Exemption Rule can succeed only by showing that the rule would be invalid in all of its applications.

TransAm Trucking denied appeal in alleged retaliation case

Dawn Geske Sep. 6, 2016, 9:44am

DENVER (Legal Newsline) – The U.S. Court of Appeals for the Tenth Circuit has denied a trucking company's request to overturn a decision that said it retaliated against a former employee who left a trailer on the side of the road.

U.S. DOL argues new fiduciary rule will have ‘enormous’ benefits for investors

Jessica Karmasek Aug. 26, 2016, 2:53pm

The Department of Labor, in a lawsuit brought by a group of trade associations in June, contends its conflicts of interest rule, despite the cost, better serves investors and aligns with other federal retirement laws. The department is asking a Texas federal court to rule in its favor.

WLF to Arkansas federal court: U.S. Department of Labor’s ‘persuader rule’ is too ‘aggressive,’ should be struck down

Jessica Karmasek Aug. 18, 2016, 1:16pm

The Washington Legal Foundation, a D.C.-based public interest law firm, recently filed an amicus brief in Associated Builders and Contractors of Arkansas v. Perez. The foundation, citing a recent Texas federal court ruling, argues the new Persuader Advice Exemption Rule violates First Amendment protections.

Emergency physicians organization fights for fair payment from insurance companies

Dawn Geske Aug. 12, 2016, 9:36am

An emergency physicians’ organization is taking aim at a ruling that decides how much insurance companies compensate emergency physicians for their services.

Department of Labor facing lawsuits over new fiduciary regulations

Rebecca Campbell Aug. 1, 2016, 3:28pm

FORT WORTH, Texas (Legal Newsline) — The Department of Labor (DOL) is facing several lawsuits after it was alleged that the organization had overstepped its rule-making authority when it issued new regulations in April.

U.S. DOJ defends Labor Department’s fiduciary rule in court filing, says injunction would be ‘detrimental’

Jessica Karmasek Jul. 12, 2016, 11:50am

Last month, the National Association for Fixed Annuities, or NAFA, filed a lawsuit in the U.S. District Court for the District of Columbia. The DOJ, on behalf of the DOL and Perez, filed its own proposed order with the D.C. federal court last week, arguing the rule is necessary to “safeguard the retirement savings of millions of American consumers.”

DOL overtime rule change could impact staffing at nonprofits

Sharon Brooks Hodge Jul. 5, 2016, 3:18pm

WASHINGTON – A lawyer specializing in nonprofits says organizations have several options when considering how to comply with new overtime rules imposed by the Department of Labor, including whether to reclassify employees as non-exempt.

Texas judge temporarily blocks U.S. Department of Labor’s ‘persuader rule’

Jessica Karmasek Jun. 28, 2016, 3:16pm

The new Persuader Advice Exemption Rule requires that employers and the consultants they hire file reports not only for direct persuader activities -- i.e. consultants talking to workers -- but also for indirect persuader activities -- consultants scripting what managers and supervisors say to workers.

Ruling in exotic dancers independent contractor's case could affect other industries

Dawn Brotherton Jun. 23, 2016, 2:56pm

RICHMOND, Va. (Legal Newsline) —The Fourth Circuit Court upheld a ruling that two Maryland dance clubs had misclassified exotic dancers as independent contractors. One attorney believes the ruling is significant for all businesses who have agreements with independent contractors.

U.S. House falls short of votes needed to override Obama’s veto of fiduciary rule resolution

Jessica Karmasek Jun. 23, 2016, 12:30pm

The vote was taken about 10:30 p.m. Wednesday, breaking up a sit-in protest by Democrats pushing for better gun-control measures.

Trade associations sue U.S. Department of Labor in hopes of overturning fiduciary rule

Jessica Karmasek Jun. 22, 2016, 1:54pm

The DOL released its final rule in April. The rule, sometimes referred to as the conflicts of interest rule, mandates financial professionals who service individual retirement accounts, including IRAs and 401(k) plans, to serve the “best interest” of the savers and disclose conflicts of interest.

New OT rules will lead to more lawsuits in the short-term, former DOL administrator says

Karen Kidd May 27, 2016, 11:38am

WASHINGTON (Legal Newsline) – As the largely bipartisan debate continues over the U.S. Department of Labor's (DOL) newly announced overtime rules that will benefit millions of employees, the early winners will be attorneys, a former DOL official said in a recent interview.

Labor Department targets Demmy Sand & Gravel for alleged ERISA violations

Mark Iandolo May 26, 2016, 3:13pm

CINCINNATI, Ohio (Legal Newsline) — The U.S. Department of Labor has announced it has filed a lawsuit against Amy Demmy Rap, Demmy Sand & Gravel LLC and Demmy Sand & Gravel LLC Retirement Savings Plan after allegations the defendants violated the Employee Retirement Income Security Act (ERISA).

Federal judge grants Arkansas right to intervene in U.S. Labor Department case

Mark Iandolo May 26, 2016, 12:48pm

LITTLE ROCK, Ark. (Legal Newsline) — Arkansas Attorney General Leslie Rutledge has announced a federal judge has granted Arkansas and nine other states the right to intervene in a case that challenges the U.S. Department of Labor’s (DOL) Persuader Advice Exemption Rule.

U.S. Senate passes resolution to block DOL’s fiduciary rule

Jessica Karmasek May 25, 2016, 1:07pm

The rule, sometimes referred to as the conflicts of interest rule, mandates financial professionals who service individual retirement accounts, including IRAs and 401(k) plans, to serve the “best interest” of the savers and disclose conflicts of interest.

Department of Labor targets Kesco Southeast Inc.

Mark Iandolo May 13, 2016, 1:08pm

ROME, Ga. (Legal Newsline) — The U.S. Department of Labor announced it has filed a lawsuit against Kesco Southeast Inc., a company specializing in rock drilling and blasting, to recover retirement plan assets of 19 former employees. 

Kentucky attorney general warns small businesses about potential mail scam

Mark Iandolo May 9, 2016, 2:03pm

FRANKFURT, Ky. (Legal Newsline) — Kentucky Attorney General Andy Beshear has released an announcement warning Kentucky small business owners about a potential mail scam asking to purchase a bogus labor law poster.

U.S. House passes resolution to block DOL’s fiduciary rule

Jessica Karmasek May 2, 2016, 2:19pm

The rule, sometimes referred to as the conflicts of interest rule, mandates financial professionals who service individual retirement accounts, including IRAs and 401(k) plans, to serve the “best interest” of the savers and disclose conflicts of interest.

Class actions will test DOL's new fiduciary rule, attorney says

Jessica Karmasek May 2, 2016, 2:10pm

Last month, the U.S. Department of Labor announced its final fiduciary rule, sometimes referred to as the conflicts of interest rule. The rule mandates financial professionals who service individual retirement accounts, including IRAs and 401(k) plans, to serve the “best interest” of the savers and disclose conflicts of interest.