The American Rescue Plan Act of 2021

The American Rescue Plan Act of 2021 (ARPA) provides a 100% federal subsidy for COBRA premiums from April 1 through September 30, 2021, for certain “assistance-eligible individuals” (AEIs). The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) today issued Frequently Asked Questions under the Consolidated Omnibus Budget Reconciliation Act (COBRA) and revised COBRA model notices. Plan administrators can use these model notices to notify plan participants and beneficiaries of their rights under COBRA and qualified beneficiaries of their rights to elect COBRA.

The DC Insider-Employer Update Podcast is Now Live

The DC Insider – Employer Update™ brings you insights and expertise from Washington, DC attorneys at FortneyScott. Each episode provides key updates and analyses employers need to know to stay on top of developments affecting the workplace.

President Biden Signs Executive Order Guaranteeing Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity



Labor Secretary Resigns

Secretary of Labor, Alex Acosta resigned from his post amid pressure from the public due to the plea deal he negotiated with Jeffery Epstein while U.S. Attorney in the Southern District of Florida. In a press conference in the White House Rose Garden, President Trump announced that the Deputy Secretary of Labor, Patrick Pizzella will assume the role of Acting Secretary of Labor starting July 19, 2019. Pizzella was confirmed by the Senate in a 50-48 vote.

FortneyScott will continue to monitor any leadership changes within the DOL.

Senate Confirms Janet Dhillon to Chair EEOC

In a 50-43  vote, the U.S. Senate confirms Janet Dhillon to chair the Equal Employment Opportunity Commission. Ms. Dhillon was nominated by President Trump on June 29, 2017 and re-nominated by the President on January 4, 2019. With this confirmation, the EEOC finally has a quorum of three members.

DOL to Issue New Overtime Rule

Under a new regulation proposed by the Department of Labor, workers who make up to $35,308 per year would be eligible for time-and-a-half pay for all hours worked beyond 40 a week. The current threshold is $24,000. The new threshold is considerably less than that proposed by the Obama administration — $47,476 – which was blocked by the courts.

As anticipated, the proposed rule does not provide for a controversial automatic increase of the salary threshold but leaves that option open by requesting public comment on the prospect of an agency consideration of a salary update in new rulemaking every four years. Very significantly, the proposed rule also makes no changes to the current “duties test,” a hotly debated subject in the prior rounds of notice and comment.

FortneyScott will keep you updated on the impact of this proposed regulation.

Federal Judge Reinstates EEOC’s Pay Data Collection

On March 4, 2019 U. S. District Court of the District of Columbia ruled that the EEO-1 pay data collection known as Component 2 should go into effect immediately, saying the Office of Management and Budget’s stay of the pay data collection was “arbitrary and capricious.”

Click here for the DC District Court’s opinion.

FortneyScott will keep you informed with any developments to this story.



ABA 12th Annual L&E Law Conference – Wage and Hour Update: What Has Really Changed Two Years into the Trump Presidency?

David S. Fortney, Esq. is presenting on Friday November 9th. Please click here to register for this event.