Updates
Acting NLRB GC Cowen Rescinds Multiple Abruzzo-Era Memos
Under the Biden administration and with former General Counsel Jennifer Abruzzo at the helm, the National Labor Relations Board (“the Board”) adopted a pro-union, pro-employee agenda. As expected, under the Trump administration and with new acting General Counsel William Cowen, the NLRB’s focus has shifted.
Self-Correction Now Available for Delinquent Participant Contributions and Loan Failures
The DOL recently updated the Voluntary Fiduciary Correction Program (VFCP). The VFCP encourages employers to voluntarily correct certain violations of ERISA to avoid DOL civil enforcement penalties. The updates expand and simplify the VFCP and are designed to make the VFCP more useful to employers. Specifically, the updates include a new self-correction option that allows employers to correct delinquent participant deferral contributions and loan repayments to defined contribution plans and certain participant loan failures without submitting a VFCP application to the DOL. Employers are eligible to use the VFCP to correct a violation only if they are not already under investigation by the DOL.
Trump Administration Rescinds Sensitive Locations Policy: What It Means for Institutions of Higher Education
Shortly after being sworn into office for the second time in January 2025, President Trump directed the Department of Homeland Security (DHS) to rescind guidance that limited federal immigration operations near sensitive locations, including schools, hospitals, and churches, through an executive order, Protecting the American People Against Invasion. This change to immigration enforcement—by ending the so-called Sensitive Locations Policy—has significant implications for institutions of higher education (IHEs) across the United States because it provides federal immigration officials with greater authority to engage in enforcement on college campuses.
Attorney Spotlight
Ryan Andrews: Reminder to Venable’s national clients: California has a unique array of very specific employment laws and regulations. If you have even one employee in California, your company must be familiar with them. Our group is here to help you with that as efficiently as possible, focusing on what matters most.
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About the Labor and Employment Group
The national, 40-person Labor and Employment team at Venable provides guidance and support across the full spectrum of workplace dynamics – helping employers control costs, avoid disputes, and defend themselves when litigation arises. As co-editors of this newsletter, Michael Volpe and Allison Gotfried invite you to share the content with your colleagues and reach out with any questions.