Compliance Stuff

On March 30, 2026, the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) issued a notice of proposed rulemaking (NPRM) designed to reduce the regulatory risk if permitted investment options in 401(k) retirement plans include nontraditional investments such as private equity and cryptocurrency. 00:00 11:02 Quick Hits The DOL proposed a six-factor safe harbor to meet a fiduciary’s duty of prudence when selecting designated investment alternatives under participant-directed defined contribution plans. The proposed regulation does not apply to brokerage windows or self-directed brokerage accounts under defined contribution plans.  This proposal follows President Trump’s executive order aimed at increasing access to alternative assets and reversing earlier Biden-era guidance that discouraged such investments due to risk concerns.  By clarifying the fiduciary process affording discretion to plan fiduciaries to select investments, the DOL hopes the c...

Spoiler: Section 503 takes center stage.   The Office of Federal Contract Compliance Programs dropped three proposed rules on July 1, offering revisions to its existing regulatory scheme. Key highlights : Executive Order 11246 . The OFCCP  proposes to rescind  the implementing regulations altogether. Vietnam Era Veterans’ Readjustment Assistance Act . The OFCCP  proposes to update  the regulations to remove references to Executive Order 11246 and its regulations. Section 503 of the Rehabilitation Act . In addition to eliminating references to Executive Order 11246, the OFCCP  proposes to rescind  all obligations relating to disability statistics , including voluntary invitations to applicants and employees to self-identify as disabled, the 7 percent utilization goal for individuals with a disability, and the data collection analysis. Proposed rule to rescind Executive Order 11246 regulations President Trump  revoked Executive Order 11246 ...

On May 21, 2025, Judge David C. Joseph of the U.S. District Court for the Western District of Louisiana  issued a ruling  vacating the Equal Employment Opportunity Commission’s  final rule  under the 2022 Pregnant Workers Fairness Act (PWFA), 1  to the extent that the final rule includes elective abortion as a condition for which employers are required to make accommodations. The court vacated this portion of the final rule, finding that it exceeded the EEOC’s statutory authority.  The  EEOC issued the final rule in April 2024 , establishing a broad interpretation of “pregnancy, childbirth or related medical conditions” that permitted individuals to seek accommodation in connection with choosing or not choosing to have an abortion. This approach had been announced in August 2023, when the EEOC published its  Notice of Proposed Rulemaking  (NPRM). In the final rule, the EEOC noted that it had first treated abortion as a “related medical condit...