Washington D.C. Employment Law Update : Washington D.C. Employment Lawyer & Attorney : Littler Mendelson Law Firm : Virginia, Tyson's Corner

While the most recent change to the Fair Labor Standards Act (FLSA) and the attention it may receive might seem small in comparison to Health Care Reform, the FLSA Amendment is significant. The Amendment, which now provides break time to nursing mothers, imposes a new requirement under the FLSA.

Currently, the FLSA does not require employers to provide rest breaks or meal periods to employees. Generally, rest break requirements are the subject of state regulation, and various states do require such breaks. Until this amendment, if rest breaks were not required by state law, then whether they were provided was a matter of agreement between the employer and employee. The amendment to the FLSA, 29 U.S.C. section 207(r)(1), changes that. The amendment will require all employers subject to the FLSA to provide rest breaks to mothers who wish to express breast milk.

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Last week, Sen. Barbara Boxer (D-CA) introduced legislation that would permit many same-sex spouses or domestic partners to take advantage of COBRA continuation health coverage if their partner loses a job. The Equal Access to COBRA Act of 2010 (S. 3182) would change federal law to allow equal access to COBRA coverage for all individuals who are covered by an employer’s health plan, and would apply to domestic partners as they are defined by that plan. As COBRA law currently stands, continuation coverage does not apply to domestic partners or same-sex spouses, even if the employee who was let go worked at a company that offered health coverage to domestic partners. The provisions of this bill would apply only to companies that already offer health coverage to domestic partners and their children. Domestic partners would also be able to take advantage of the premium COBRA subsidies provided by the American Recovery and Reinvestment Act of 2009.

This bill has been referred to the Senate Committee on Health, Education, Labor and Pensions. 

Photo credit:  Ryerson Clark

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As expected, on Tuesday President Obama Signed into law the Health Care and Education Reconciliation Act of 2010 (H.R. 4872), more commonly known as the “reconciliation bill” that makes changes to the Patient Protection and Affordable Care Act (PPACA) (P.L. 111-148), the sweeping health care overhaul legislation Obama signed on March 23. The House approved this bill for the second time on March 25 by a vote of 220-207. The House had initially cleared the bill on March 21, but needed to take up the measure once again after two minor changes were made in the Senate, which also passed the bill on March 25.

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Despite increasing opposition, President Obama on Saturday announced his appointment of 15 individuals to various federal agencies, including the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission (EEOC). Among those appointed was Craig Becker, the controversial NLRB Democratic nominee. Also given a recess appointment to the NLRB was the other Democratic nominee, Mark Pearce. However, the President did not give a recess appointment to the Republican nominee, Brian Hayes. On Thursday, Republican Senators sent a letter to Obama urging him not to do so. Randel K. Johnson, the U.S. Chamber of Commerce Senior Vice President of Labor, Immigration, and Employee Benefits, said of Becker’s appointment: “The business community should be on red alert for radical changes that could significantly impair the ability of America’s job creators to compete.” Becker has been widely criticized for advocating admittedly “provocative” positions in this academic writings. During a hearing, Becker tried to distance himself from these statements, such as his belief that a new body of representation election rules should be created to limit employer involvement, including the holding of so-called “captive audience” meetings. Many lawmakers and business interests continue to question, however, whether Becker can be impartial as a member of the Board. Becker’s term will now last until the end of 2011, unless the Senate appoints him to a full term.

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On Wednesday, the House of Representatives overwhelmingly approved by a vote of 416-1 the National Guard Employment Protection Act of 2010 (H.R. 1879), legislation that would extend certain employment and reemployment rights to members of the National Guard who are ordered to report for full-time duty. The bill amends section 4312 of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), which exempts certain military members from the requirement that their absence from the job due to military service be no longer than 5 years in order to take advantage of the bill’s reemployment rights. The National Guard Employment Protection Act would include in this exemption National Guard members who are called to full-time service to support critical homeland defense missions or other activities deemed critical by the Secretary of Defense.

Photo Credit: soldiersmediacenter

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The new health care reform legislation has dramatic implications for all employers. For employers with existing collective bargaining agreements, there are unique considerations, both in the short and long-term. While full implementation of the law is still years away, employers should begin evaluating and preparing for its impact on collective bargaining agreements today.

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Despite last-ditch efforts, the Senate failed to approve the Continuing Extension Act of 2010 (H.R. 4851) before the two-week legislative recess. This bill would have extended the 65 percent premium COBRA subsidy another month, until April 30, 2010, and emergency unemployment insurance benefits until May 5, 2010. Both measures – which were already given one-month extensions by means of the Temporary Extension Act of 2010 (H.R. 4691), are set to expire while Congress is out of session. On March 17, the House cleared the measure by voice vote. The bill stalled in the Senate after Sen. Tom Coburn (R-OK) objected to the fact that the cost of the bill was not fully offset. It is expected that when the Senate reconvenes on April 12, consideration of the temporary extension bill will be the first order of business, and that the provisions of the bill, if approved, would be retroactive.

Photo credit:  Maravic

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On Thursday, all 41 Republican senators signed a letter written by Senators Orrin Hatch (R-UT) and John McCain (R-AZ) urging President Obama not to appoint Craig Becker to be a member of the National Labor Relations Board (NLRB) over the upcoming two-week recess. Expectation has been building that Obama would use this method to seat Becker on the Board over the legislative break.  In a statement, Sen. Hatch claimed:

Craig Becker stands far outside the mainstream of NLRB nominees . . . Given the bipartisan opposition to his nomination, the Administration would be wise to not circumvent the will of the Senate by recess appointing him to the NLRB. There is no place on this powerful board for someone who believes that card check legislation – getting rid of the secret union ballot – can be enacted surreptitiously through regulation.

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After a marathon of all-night Congressional proceedings, the Senate voted 56-43 on Thursday in favor of a slightly amended Health Care and Education Reconciliation Act of 2010 (H.R. 4872), otherwise known as the reconciliation bill containing “fixes” to the recently enacted Patient Protection and Affordable Care Act (P.L. 111-148). The Senate’s consideration of the reconciliation bill hit a snag early Thursday when Republican Senators opposed to the bill were successful in identifying two provisions involving the student loan portion of the measure that do not adhere to the “Byrd Rule,” which prevents the inclusion of provisions in a budget reconciliation bill that lack a budgetary impact. Since the provisions were deleted, the bill will need to return to the House for yet another vote. It is expected that the House will approve the amended version later today, and President Obama will quickly sign it into law. Taken together, the two health care overhaul bills will make significant changes to this country’s health care system, and present new obligations for employers.

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In its first Administrator Interpretation Letter, the Wage and Hour Division of the U.S. Department of Labor (DOL) announced on Wednesday that mortgage loan officers do not qualify as bona fide administrative employees under section 13(a)(1) of the Fair Labor Standards Act (FLSA). In reversing its prior stance on the issue, the DOL withdrew two opinion letters issued on September 8, 2006 and February 16, 2001, in which it previously had found that loan officers were exempt administrative employees.  Continue reading at Littler's Wage & Hour Counsel blog.

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Sen. Bill Nelson (D-FL) has introduced legislation that would amend the tax code to create special rules for executive compensation paid at “systemically significant” financial institutions. The Wall Street Compensation Reform Act of 2010 (S. 3149) would condition an institution’s eligibility for tax deductions on ending certain compensation arrangements and adopting new, long term compensation standards. A financial institution would be considered “systemically significant” if it engages primarily in activities which are financial in nature (as determined under section 4(k) of the Bank Holding Company Act of 1956), and which either owns or controls assets greater than $25 billion, or owns or controls assets greater than $10 billion and maintains a ratio of debt to equity which is greater than 20 to 1. The bill’s provisions would apply to high-level executives and other employees whose actions affect the institution’s risk exposure. Employees that earn more than $1 million in applicable remuneration are presumed to fall under this category, unless they submit information returns describing their roles and responsibilities and the reasons why their actions within the company do not have a material impact on the taxpayer’s risk exposure.

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It is becoming increasingly likely that controversial National Labor Relations Board (NLRB) nominee Craig Becker will be appointed as a Board member over the upcoming Congressional recess. According to an article in the Atlantic Online, “labor allies of the White House have been given strong indications that such an appointment is highly likely.” Specifically, reports abound that Sen. Tom Harkin (D-IA) has confirmed that President Obama will make the appointment soon. Earlier this month, Labor Secretary Hilda Solis hinted at this possibility during the American Federation of Labor & Congress of Industrial Organization's (AFL-CIO) annual meeting.

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The U.S. Supreme Court has agreed to review the Seventh Circuit’s decision in Kasten v. Saint-Gobain Performance Plastics (7th Cir. 2009), (pdf) in which that court held that an oral complaint of a violation of the Fair Labor Standards Act (FLSA) is not considered protected conduct under the Act’s anti-retaliation provision.

The case arose when manufacturer Saint-Gobain Performance Plastics Corp. (“Saint-Gobain”), after implementing a series of progressive disciplinary steps against employee Kevin Kasten for failing to follow proper punching in and out procedures, terminated his employment. Kasten alleged that he verbally complained to his supervisors and a human resources generalist that the location of the company’s time clocks was illegal. To that end, Kasten filed a lawsuit under the FLSA alleging that he was fired in retaliation for his verbal complaints. Specifically, Kasten alleged that his complaints were covered by section 215(a)(3) of the statute, which provides that:

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On Tuesday morning, President Obama signed into law the Patient Protection and Affordable Care Act (H.R. 3590), the health care overhaul bill that cleared the House of Representatives by a slim margin on Sunday. The Senate will now begin consideration of the Health Care and Education Affordability Reconciliation Act of 2010 (H.R. 4872), the bill that contains “fixes” to the Patient Protection and Affordable Care Act. Both measures will face intense scrutiny in the coming days.

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In a historic series of votes held on Sunday, the House of Representatives passed both the Senate-approved Patient Protection and Affordable Care Act (H.R. 3590), (pdf) and the Health Care and Education Affordability Reconciliation Act of 2010 (H.R. 4872), (pdf) otherwise known as the reconciliation package of “fixes” to the Senate bill. The legislation, which is expected to provide health insurance to an additional 32 million people, would create state-based health insurance exchanges through which eligible individuals and businesses can purchase health insurance. The legislation would also provide federal government subsidies to help lower-income individuals purchase insurance.

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On March 19, the Department of Labor’s Wage and Hour Division (WHD) published in the Federal Register a notice of proposed rulemaking (NPRM) (pdf) that seeks to implement Executive Order 13495, Nondisplacement of Qualified Workers Under Service Contracts, (pdf) signed by President Obama on January 30, 2009. This Order requires that any federal service contracts and solicitations for such contracts include a clause requiring contractors and their subcontractors to offer existing employees the right of first refusal to take positions for which they are qualified under the new contract. The right of first refusal clause does not apply to managerial or supervisory employees. Any new contractor cannot advertise employment openings until the right of first refusal has been exercised by the existing employees.

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On Thursday, Senators Charles Schumer (D-NY) and Lindsey Graham (R-SC) released a framework for comprehensive immigration reform. Although a bill has yet to be introduced, the Senators outlined their “four pillar” reform strategy in a Washington Post opinion column.  This plan would include “requiring biometric Social Security cards to ensure that illegal workers cannot get jobs; fulfilling and strengthening our commitments on border security and interior enforcement; creating a process for admitting temporary workers; and implementing a tough but fair path to legalization for those already here.”

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On Monday, the Employee Benefits Security Administration (EBSA) will publish in the Federal Register an announcement (pdf) that updated model COBRA notices that group health plans and other entities are required to provide to individuals eligible for the premium reductions and additional health care coverage election periods provided by the recently-enacted Temporary Extension Act (TEA) of 2010 are available at the EBSA’s COBRA website. TEA extended until March 31, 2010 the eligibility period for the 65 percent COBRA premium reduction provided by the American Recovery and Reinvestment Act (ARRA). ARRA, as revised, mandates that certain health plan providers send assistance eligible individuals notices about their ability to take advantage of the continued health coverage. The EBSA provides links to a Model Updated General Notice, Model Notice of New Election Period, Model Supplemental Information Notice, Model Notice of Extended Election Period, and a Model Updated Alternative Notice, in addition to instructions on which notice to provide and to whom.

This week, the House passed a bill extending the COBRA subsidy an additional month until April 30, 2010. Congress is also considering longer-term extensions of the program. 

Photo credit: MBPHOTO

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On Thursday, the House of Representatives released the amended Health Care and Education Affordability Reconciliation Act of 2010 (H.R. 4872), (pdf) the reconciliation bill that contains “fixes” to the Senate-approved Patient Protection and Affordable Care Act (H.R. 3590).  Earlier in the day, the Congressional Budget Office (CBO) and the Joint Committee on Taxation (JCT) released their preliminary cost estimate (pdf) of the total health care package, thus triggering the 72-hour waiting period before a vote can be held.

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On March 17, the House of Representatives passed by voice vote the Continuing Extension Act of 2010 (H.R. 4851), legislation that would extend the 65 percent premium COBRA subsidy another month until April 30, 2010, and the emergency unemployment insurance benefits until May 5, 2010. On March 2, President Obama signed into law the Temporary Extension Act of 2010 (H.R. 4691), a bill that extended the COBRA subsidy until March 31, 2010, and emergency unemployment insurance benefits until April 5, 2010. The Senate has already passed the American Workers, State, and Business Relief Act of 2010 (H.R. 4213), a more comprehensive bill that includes provisions continuing both benefits programs through the end of this year. Although it is expected the House will ultimately pass this measure, a vote may not come until after these programs have expired, thus creating the need for another extender bill.

The Senate is expected to take up this measure shortly.

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On Thursday, President Obama signed into law the Hiring Incentives to Restore Employment (HIRE) Act (H.R. 2847), the scaled-down jobs bill that provides employers with various tax breaks for hiring and retaining previously unemployed workers. The Senate approved this measure on Wednesday by an overwhelming 68-29 margin. In addition to exempting employers from paying 2010 Social Security taxes on wages up to $106,800 on each new employee who has been out of work for at least 60 days, the HIRE Act provides employers with a $1,000 income tax credit for every new employee retained for at least a year, and allows small businesses to deduct up to $250,000 for certain capital expenditures in the year purchased.

For more information on this new law, see Littler's ASAP:  HIRE Act Signed Into Law — What it Means to Employers by GJ Stillson MacDonnell.
 

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Reps. Lynn Woolsey (D-CA) and George Miller (D-CA) have introduced legislation that would establish an award for employers that develop and implement work-life balance policies, defined in the bill as workplace practices “designed to enable employees to achieve a satisfactory work-life balance.” The Work-Life Balance Award Act (H.R. 4855) would direct the Department of Labor (DOL) to create a work-life balance advisory board to develop criteria that employers would need to meet in order to qualify and apply for the award.

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On Wednesday, the Senate overwhelmingly approved by a 68-29 vote the Hiring Incentives to Restore Employment (HIRE) Act (H.R. 2847), the nearly $18 billion jobs bill that will provide employers with financial incentives for hiring unemployed workers. Specifically, an employer would be exempt from paying its share of 2010 Social Security taxes on any new hire who has been without full-time employment for at least 60 days. The maximum tax break an employer could gain per employee under this provision would be $6,621, or 6.2 percent of total wages paid in 2010 up to the $106,800 FICA wage cap. Employers would also be eligible to receive a $1,000 income tax credit for every new employee retained for 52 weeks. Earlier this week, the Senate voted 61-30 to limit debate on this measure.

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On Tuesday, Rep. Dina Titus (D-NV) introduced the Ensuring Worker Safety Act (H.R. 4864), a bill that would allow the Secretary of Labor to review and order reforms to underperforming state Occupational Safety and Health (OSH) plans without first ordering their termination. Under current law, states may operate their own OSH plan or remain under federal Occupational Safety and Health Administration (OSHA) authority. States that elect to operate their own programs must demonstrate that their programs and standards are “at least as effective” as the federal framework. If a state OSH plan is found to be out of compliance with federal standards, OSHA’s only recourse is to terminate the state plan. The Ensuring Worker Safety Act would provide OSHA with greater options to hold state plans accountable.

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On Tuesday, the Workforce Protections Subcommittee of the House Education and Labor Committee held a hearing on the penalty provisions contained in the Protecting America’s Workers Act (PAWA) (H.R. 2067), introduced by Rep. Lynn Woolsey (D- CA), chair of the subcommittee, last April. A companion bill (S. 1580) was introduced in the Senate by the late Sen. Ted Kennedy (D-MA) in August 2009. This bill would amend the Occupational Safety and Health (OSH) Act by expanding its coverage, increasing whistleblower protections, and enhancing employer penalties for violations, among other significant changes.

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The Occupational Safety and Health Administration (OSHA) has published in today’s edition of the Federal Register a proposed rule (pdf) that revises the notification requirements in the exposure determination provisions of the standards for hexavalent chromium (“Cr(VI)”). A direct final rule will be published in tomorrow’s edition. Specifically, the proposal would require employers to notify employees of the results of all exposure determinations, whether or not exposure exceeds the permissible exposure limit (PEL). Currently, the exposure determination provision of the chromium standard requires employers to determine the 8-hour time-weighted-average exposure for each employee exposed to Cr(VI), and notify employees exposed to levels that exceed the PEL. Under the general industry standard, notice has to be provided within 15 work days. For construction and maritime employees, employers must provide notice within 5 work days.

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On Monday, the Senate voted 61-30 to limit debate on the Hiring Incentives to Restore Employment (HIRE) Act, the $15 billion jobs bill the House of Representatives approved on March 4. The HIRE Act was introduced as an amendment (S. Amt. 3310) to H.R. 2847, the more expansive jobs bill the House had already passed in December. The Senate initially cleared this scaled-down jobs bill on February 24, but because the House made minor revisions to the bill, the Senate once again needs to vote on the final jobs package.

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On Monday, Senate Banking Committee Chairman Chris Dodd (D-CT) introduced comprehensive financial reform legislation that includes provisions providing public corporate shareholders with an advisory vote on executive pay, and allowing them to nominate members of the board of directors through proxy ballots. Such “say on pay” provisions have been included in bills introduced in both the House and Senate in recent months (H.R. 3269, S. 3049).  The 1,336-page Restoring American Financial Stability Act of 2010 (pdf) would also ensure the independence of corporate compensation committees, and require public companies to set policies to take back executive compensation based on inaccurate financial statements.

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This week, the House of Representatives will embark on what is widely believed to be the final sprint to health care reform. The House Budget Committee is scheduled to begin markup of a reconciliation bill (pdf) on Monday afternoon.  This 2,309-page bill – the Reconciliation Act of 2010 – is expected to be the vehicle for changes to the Senate-passed health care bill, the Patient Protection and Affordable Care Act (H.R. 3590), negotiated between the White House and House and Senate Democrats. The reconciliation bill also includes changes to the federal student lending program that would switch the program to direct federal loans.

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The Wall Street Journal reports that a mandatory biometric identification card for U.S. citizens and legal residents could be included in a comprehensive immigration reform bill being spearheaded by Senators Charles Schumer (D-NY) and Lindsey Graham (R-SC). The card would contain standard identifying information, but would also contain a biometric identifier, e.g., fingerprints. Schumer has previously proposed such a card to replace E-Verify, the federal electronic employment verification system.  Continue reading at Littler's Global Immigration Counsel blog.

Photo credit:  David Franklin

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Testifying before a House subcommittee hearing on Wednesday, Labor Secretary Hilda Solis explained (pdf) how the agency would use the $116.5 billion in proposed funds and 17,800 full-time equivalent employees outlined in the DOL’s fiscal year 2011 budget. These plans include a broad employee misclassification initiative to deter employers from wrongly categorizing employees as independent contractors, among other enforcement efforts. The hearing was conducted by the House Appropriations Committee’s Subcommittee on Labor, Health and Human Services, Education and Related Agencies, which is tasked with reviewing $17.1 billion of the DOL’s proposed budget.

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On Wednesday, the Senate passed by a 62 to 36 margin the Tax Extender Act of 2009 (H.R. 4213), legislation that would extend until Dec. 31, 2010 the 65% premium COBRA subsidies and emergency unemployment insurance benefits, both programs that are set to expire in the coming weeks. The bill also extends several other tax credit initiatives, and includes pension funding relief measures. On Tuesday, the Senate voted 66-34 to limit debate on this bill, which was introduced by Sen. Max Baucus (D-MT) as an amendment (S. Amdt. 3336) in the nature of a substitute to the tax extender bill the House of Representatives passed in December.

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On Tuesday, the Senate voted to end debate on a $150 billion bill that would extend premium COBRA subsidies and emergency unemployment insurance benefits through December 31, 2010, as well as continue certain programs aimed at providing pension-funding relief. Sen. Max Baucus (D-MT) introduced the American Workers, State and Business Relief Act of 2010 (pdf) as an amendment (S. Amt. 3336) in the nature of a substitute to the Tax Extender Act of 2009 (H.R. 4213).  The tax extender bill has been serving as the vehicle to provide extensions to these and other expiring tax credit programs. The premium COBRA subsidy and emergency unemployment benefits were recently given one-month extensions through the Temporary Extension Act of 2010, signed into law on March 2.

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The U.S. Supreme Court has agreed to decide whether the government violates a federal contract employee’s constitutional right to informational privacy when it (a) asks in the course of a background investigation whether the employee has received counseling or treatment for illegal drug use that has occurred within the past year, and (b) when it asks the employee’s designated references for any adverse information that may have a bearing on the employee’s suitability for employment at a federal facility, when the information obtained in both scenarios is to be used for employment purposes only and is protected under the Privacy Act, 5 U.S.C. 552a. In National Aeronautics and Space Administration v. Nelson (09-530) the U.S. Court of Appeals for the Ninth Circuit disagreed with a lower court, which had found no constitutional violations. The Ninth Circuit reversed (pdf) the district court’s decision, and ordered the entry of a preliminary injunction barring the use of the forms asking the above questions for the background checks on federal contract employees working at NASA’s Jet Propulsion Laboratory (JPL), a federal research and development facility owned by the agency. The California Institute of Technology (Caltech) operates JPL pursuant to a contract with NASA. All of the positions at JPL are filled by contract employees.

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On Thursday, the House of Representatives voted 217 to 201 in favor of the Hiring Incentives to Restore Employment (HIRE) Act, the $15 billion jobs bill introduced by Sen. Majority Leader Harry Reid (D-NV) as an amendment (S. Amt. 3310) (pdf) to H.R. 2847, the more expansive jobs bill the House previously passed in December. The Senate cleared this scaled-down jobs bill last Wednesday by a 70-28 margin. Because the House intends to change the effective date of a tax provision in order to offset its cost, the Senate will once again need to approve the amended bill before it can be signed by the President.

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Telling Congress to “finish its work,” President Obama on Wednesday urged both chambers to schedule a vote on final health care overhaul legislation in the coming weeks. While Obama did not outline a specific roadmap for reform, it is widely believed that the plan for going forward involves first having the House of Representatives vote on the Patient Protection and Affordable Care Act (H.R. 3590), the bill the Senate approved in December, and then passing via budget reconciliation a package of changes to that bill reflected in the estimated $950 billion proposal Obama unveiled on February 22.  While Obama did not specifically mention reconciliation, he seemed to sanction this approach, stating that a health care reform bill: “deserves the same kind of up-or-down vote that was cast on welfare reform, the Children's Health Insurance Program, COBRA health coverage for the unemployed and both Bush tax cuts – all of which had to pass Congress with nothing more than a simple majority.” The controversial budget reconciliation process requires a simple majority vote, but is subject to strict limitations about what matters can be included in a reconciliation bill.

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According to a report by the Associated Press, Labor Secretary Hilda Solis hinted during the AFL-CIO annual meeting that President Obama would institute controversial nominee Craig Becker as a member of the National Labor Relations Board (NLRB) by means of a recess appointment, possibly during the Easter recess. On February 9, the Senate failed to pass a cloture motion on his nomination, fueling speculation that Obama would appoint Becker – who currently serves as Associate General Counsel to both the Service Employees International Union (SEIU) and the AFL-CIO – during the President’s Day recess. According to the AP story, Solis told AFL-CIO members that they would be “very pleased” with how the stalled nomination issue would be resolved. The Senate is set to adjourn for the Easter recess from March 29 through April 9.

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On Tuesday, President Obama signed the Temporary Extension Act of 2010 (H.R. 4691), a bill that will extend the 65 percent premium COBRA subsidy through March 31, 2010, and unemployment assistance benefits through April 5, 2010. The Senate passed this bill by a vote of 78-19 after Sen. Jim Bunning (R-KY) – who objected to how the measure would be funded – abandoned his efforts to block it. The House of Representatives approved this emergency spending measure by voice vote last Thursday.  Both benefits had expired on February 28.

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On Tuesday, the Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) will publish in the Federal Register a final (pdf) and a proposed rule (pdf) providing for greater worker investment and retirement account protections. Both final and proposed rules were drafted in response to the Pension Protection Act of 2006 (PPA), which amended portions of the Employee Retirement Income Security Act (ERISA) dealing with investment advice and retirement plan transparency. The announcement of these rules was made at a White House forum hosted by Vice President Joe Biden on Friday. According to the DOL, these two new rules are “designed to enhance retirement security and transparency for the millions of workers covered by 401(k), pension and other retirement arrangements.”

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