The Biden Administration Removes Limits on Agency “Guidance” – And Creates A New Agenda Enforcement Tool
By EsqSocial Corporation 02/02/21
Synopsis: On January 20, 2021, the Biden Administration revoked the Trump Administration Executive Order (EO) which had restricted agency Guidance. On January 27, 2021, the Department of Labor (DOL) rescinded the “PRO Good Guidance” rule that it had issued pursuant to the Trump EO – a rule that limited the force of informal guidance in DOL enforcement actions. This rescission may undercut the persuasive effect of an employer interpretation of federal statutes at the agency level, because more...
By: Seyfarth Shaw LLP