On April 26, 2010, the U.S. Department of Labor issued its Spring 2010 Semi-Annual Regulatory Agenda. This publication takes the form of a Federal Register notice to comply with certain administrative requirements. The agenda itself is available on the DOL Website with most entries supported by a fact sheet (click here for Fall 2009 and Spring 2010 entries).
DOL’s agenda and related materials include 20 pending projects related to employee benefits, which are listed below in order of the projected timetable for next steps. (In the ordinary course, dates projected in the agenda may prove ambitious.) New projects highlighted by DOL are shown in bold.
In addition, three pending developments regarding ERISA class exemptions are not included in the regulatory agenda but are currently under review by the Office of Management and Budget (specifically, its Office of Information and Regulatory Affairs) and are also noted below.
Click here to see tables.
The narrative to the agenda also reports that DOL’s Employee Benefits Security Administration (EBSA) will be working with DOL’s Wage and Hour Division (WHD) with respect to settlements with employers regarding misclassification of employees as independent contractors. WHD will require settling employers to review their benefit plans, resolve the benefit rights of misclassified employees and report related violations of plan provisions and ERISA to EBSA.