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Beltway Buzz - February 2021 #3 | Ogletree, Deakins, Nash, Smoak & Stewart, P.C.


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American Rescue Plan Moves Forward. Democrats in Congress are moving ahead with President Joe Biden’s “American Rescue Plan.” As of now and this is still subject to change, of course it appears that the U.S. House of Representatives’ budget and rules committees will both weigh in on the legislation early next week before sending the bill to the House floor toward the end of the week. At the
Buzz, we are keeping an eye on the proposed $15 minimum wage and multiemployer pension fix provisions to see if they make it into the final House bill. ....

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What Labor Nominee Walsh Means for the Fiduciary Rule's Future


What Labor Nominee Walsh Means for the Fiduciary Rule’s Future
The Democratic Party has already laid down its marker
On January 7, 2021, President-elect Joe Biden named Boston Mayor Martin Walsh as his nominee for Secretary of Labor. Walsh’s nomination raises questions for the future of the Labor Department’s (DOL’s) fiduciary rule, which regulates “investment advice fiduciaries” under the Employee Retirement Income Security Act of 1974 (ERISA).
In particular, the new fiduciary rule guidelines promulgated by the DOL in December 2020 appear to be in jeopardy under a Biden administration with Walsh as Labor Secretary.
Keith Blackman
Background
Under ERISA, an investment advisor is considered a fiduciary with respect to a retirement plan or IRA if the advisor renders “investment advice” for a fee or other compensation. ....

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