Featured Stories
Morgan Lewis Featured Among 2026 ALM New York Legal Awards Honorees
PHILADELPHIA, Pennsylvania, July 15 [Category: BizLaw/Legal] -- Morgan Lewis, a law firm, issued the following news release:
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Morgan Lewis Featured Among 2026 ALM New York Legal Awards Honorees
NEW YORK: The 2026 ALM New York Legal Awards have recognized Morgan Lewis's labor and employment practice and litigation partner Michael Kraut as part of the annual program honoring law firms and lawyers whose dedication, innovation, and leadership have profoundly impacted the legal profession.
Morgan Lewis is shortlisted in the Litigation Department of the Year category in labor and employment.
... Show Full Article
PHILADELPHIA, Pennsylvania, July 15 [Category: BizLaw/Legal] -- Morgan Lewis, a law firm, issued the following news release:
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Morgan Lewis Featured Among 2026 ALM New York Legal Awards Honorees
NEW YORK: The 2026 ALM New York Legal Awards have recognized Morgan Lewis's labor and employment practice and litigation partner Michael Kraut as part of the annual program honoring law firms and lawyers whose dedication, innovation, and leadership have profoundly impacted the legal profession.
Morgan Lewis is shortlisted in the Litigation Department of the Year category in labor and employment.Morgan Lewis represents employers in labor and employment disputes across industries, handling matters ranging from single-plaintiff claims to complex class and collective actions, government investigations, arbitrations, and high-stakes trials.
The firm's labor and employment litigators advise clients on workplace disputes involving discrimination, wage and hour, restrictive covenants, trade secrets, labor relations, union organizing, collective bargaining, and other employment-related matters before federal and state courts, administrative agencies, and arbitration tribunals. These litigators possess deep industry knowledge in financial services, technology, energy, healthcare, retail, pharmaceuticals, transportation, aviation, and defense, among others.
Michael is recognized in the Best Mentors category. The award celebrates those lawyers who take it upon themselves to prepare the next generation of legal talent. Mike's mentees, who number in the hundreds and encompass lawyers within and outside Morgan Lewis, describe his advice as unusually impactful because of his dual emphasis on the practice of law and business of law.
For more than 25 years, Michael has represented banks and other financial institutions in defense of large high-risk, high-profile complex securities and commercial class actions and other litigation involving securitization issues and breach of contract, fiduciary duty, and consumer protection claims.
View the complete shortlist (https://www.law.com/newyorklawjournal/2026/07/07/announcing-the-new-york-legal-awards-shortlist-for-2026/). Winners will be announced at the September 3 New York Legal Awards in New York City.
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Original text here: https://www.morganlewis.com/news/2026/07/morgan-lewis-featured-among-2026-alm-new-york-legal-awards-honorees
Herbert Smith Freehills Kramer Advises UBS and Moelis as Joint Lead Managers and Underwriters of the FDC IPO
NEW YORK, July 15 -- Herbert Smith Freehills Kramer LLP, a law firm, issued the following news:
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Herbert Smith Freehills Kramer advises UBS and Moelis as joint lead managers and underwriters of the FDC IPO
Herbert Smith Freehills Kramer (HSF Kramer) has advised UBS Securities Australia Limited (UBS) and MA Moelis Australia Advisory Pty Ltd (Moelis) as joint lead managers and underwriters on the initial public offering (IPO) of FDC Consolidated Holdings Limited (FDC).
Founded in 1990, FDC is a leading building delivery partner operating across Australia, delivering construction, fitout,
... Show Full Article
NEW YORK, July 15 -- Herbert Smith Freehills Kramer LLP, a law firm, issued the following news:
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Herbert Smith Freehills Kramer advises UBS and Moelis as joint lead managers and underwriters of the FDC IPO
Herbert Smith Freehills Kramer (HSF Kramer) has advised UBS Securities Australia Limited (UBS) and MA Moelis Australia Advisory Pty Ltd (Moelis) as joint lead managers and underwriters on the initial public offering (IPO) of FDC Consolidated Holdings Limited (FDC).
Founded in 1990, FDC is a leading building delivery partner operating across Australia, delivering construction, fitout,refurbishment, and building services. Among its recent projects are The Cutaway, a major culture and event venue in Sydney's Barangaroo, the Sydney Swans headquarters, Macquarie University's Michael Kirby Law School, and various projects for Macquarie Data Centres.
The company generated approximately $1.5 billion of revenue in FY25, with this figure forecast to grow to approximately $1.9 billion in FY27.
UBS and Moelis acted as joint lead managers and underwriters to the IPO, which raised $400 million at the offer price of $3.00 a share. The company listed on the Australian Securities Exchange (ASX) on 9 July 2026 with a market capitalisation of $969 million based on the offer price at listing.
The HSF Kramer team was led by partner Philip Hart, with support from senior associate Henry Simpson and solicitor Georgia Aslanidis.
Philip Hart said, "We're proud to have worked with UBS and Moelis on this transaction, and congratulate them and the team at FDC on their successful IPO and listing. As the biggest ASX listing of 2026 so far, we expect it will provide positive momentum for Australia's IPO pipeline."
FDC was advised by Allens.
This transaction is the latest example of Herbert Smith Freehills Kramer's market-leading work in equity capital markets. Other recent examples include advising:
* Pengana Capital Group on the IPO of its AI Private Opportunities Trust
* Barrenjoey Markets Pty Limited and Morgans Corporate Limited as joint lead managers and underwriters of the SkinKandy IPO
* Barrenjoey Markets Pty Limited as underwriter and Barrenjoey and Morgans Corporate Limited as joint lead managers on the IPO of The Koala Company Limited
* Merrill Lynch Equities (Australia) Limited and UBS Securities Australia Limited as joint lead managers and underwriters of Megaport's current A$827 million capital raising
* Light & Wonder on the Australian law aspects of its transition to a sole standard ASX listing
* GemLife on its A$750 million IPO and ASX listing
* J.P. Morgan Securities Australia Limited and UBS Securities Australia Limited as joint lead managers and underwriters of Xero Limited's ~A$2 billion capital raising
* HOCHTIEF on its cornerstone equity investment as part of Vulcan Energy's Euros2.2 billion financing package
* Bank of America, Barrenjoey and Canaccord as joint lead managers on the redomiciliation and IPO of Greatland Resources Limited for a market capitalisation of A$4.9 billion, comprising a A$50 million primary raise and A$440 million selldown by existing shareholders
* MA Financial Group Limited in relation to the successful A$330m IPO and ASX listing of the MA Credit Income Trust
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URL: UBS Securities Australia Limited
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Original text here: https://www.hsfkramer.com/news/2026-07/hsf-kramer-advises-ubs-moelis-joint-lead-managers-underwriters-fdc-ipo
[Category: BizLaw/Legal]
Herbert Smith Freehills Kramer Advises Salzgitter AG on Its Acquisition of HKM
NEW YORK, July 15 -- Herbert Smith Freehills Kramer LLP, a law firm, issued the following news:
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Herbert Smith Freehills Kramer advises Salzgitter AG on its acquisition of HKM
Herbert Smith Freehills Kramer has advised Salzgitter AG on the complete takeover of Huttenwerke Krupp Mannesmann (HKM) in Duisburg. HKM was formerly a joint venture between Salzgitter, thyssenkrupp Steel Europe and Vallourec. With the takeover, HKM has become a wholly owned subsidiary of Salzgitter AG, after the two co-shareholders announced their intention to withdraw from the joint venture. Part of the complex
... Show Full Article
NEW YORK, July 15 -- Herbert Smith Freehills Kramer LLP, a law firm, issued the following news:
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Herbert Smith Freehills Kramer advises Salzgitter AG on its acquisition of HKM
Herbert Smith Freehills Kramer has advised Salzgitter AG on the complete takeover of Huttenwerke Krupp Mannesmann (HKM) in Duisburg. HKM was formerly a joint venture between Salzgitter, thyssenkrupp Steel Europe and Vallourec. With the takeover, HKM has become a wholly owned subsidiary of Salzgitter AG, after the two co-shareholders announced their intention to withdraw from the joint venture. Part of the complextransaction was the reorganisation of the supply relationships with thyssenkrupp. The transaction has already been completed.
HKM is an integrated steel mill that produces steel and intermediate products for the manufacturing industry. HKM currently produces around four million tons of steel annually with around 3,000 employees. Salzgitter plans to invest in an electric arc furnace in Duisburg to transform the site, make it future-proof, and reduce CO2 emissions from steel production by 90 percent over the long term.
Herbert Smith Freehills Kramer advised Salzgitter with the following team:
Lead: Dr Julius Brandt, Gregor Klenk (Corporate/M&A, both Frankfurt), Catrice Gayer (Commercial Agreements/Disputes, Dusseldorf), Dr Patricia Nacimiento (Disputes, Frankfurt)
Corporate/M&A: Associates: Christoph Hempel, Benedikt Braekling, Leon Lindemann, Michael Putz (all Frankfurt)
Commercial Agreements/IT: Counsel: Thies Deike (Frankfurt)
Disputes: Counsel: Dr Friso Heukamp; Associates: Dr Lara Panosch (both Frankfurt)
Employment: Moritz Kunz; Counsel: Dr Anja Lingscheid, Dr Simone Ziegler, Associates: Julia Ickstadt, Dr Majaani Hachmeister, Matthias Joschko (all Frankfurt)
Tax: Dr Steffen Horner; Associates: Eva Juergens, Tatiana Guenster, Dr Dirk Metzler (all Frankfurt)
Real Estate: Stefanie Herkert; Counsel: Hannes Riedel (both Frankfurt)
Regulatory: Dr Marius Boewe, Dr. Marcel Nuys; Associates: Jan Diedrichs, Dr Dejan Einfeldt, David Rasche, Dr Christoph Loy (all Dusseldorf)
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URL: Salzgitter AG
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Original text here: https://www.hsfkramer.com/news/2026-07/hsf-kramer-advises-salzgitter-ag-on-its-acquisition-of-hkm
[Category: BizLaw/Legal]
Herbert Smith Freehills Kramer Advises Aware Super on Tax Aspects of Its Acquisition of Moorabbin Airport
NEW YORK, July 15 -- Herbert Smith Freehills Kramer LLP, a law firm, issued the following news:
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Herbert Smith Freehills Kramer advises Aware Super on tax aspects of its acquisition of Moorabbin Airport
Herbert Smith Freehills Kramer (HSF Kramer) has provided tax advice to superannuation fund Aware Super in relation to its participation in the A$1.5 billion acquisition of Melbourne's Moorabbin Airport as part of a consortium including global alternative asset manager Barings and Rest Super.
Melbourne's Moorabbin Airport is one of the busiest general aviation airports in the country, supporting
... Show Full Article
NEW YORK, July 15 -- Herbert Smith Freehills Kramer LLP, a law firm, issued the following news:
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Herbert Smith Freehills Kramer advises Aware Super on tax aspects of its acquisition of Moorabbin Airport
Herbert Smith Freehills Kramer (HSF Kramer) has provided tax advice to superannuation fund Aware Super in relation to its participation in the A$1.5 billion acquisition of Melbourne's Moorabbin Airport as part of a consortium including global alternative asset manager Barings and Rest Super.
Melbourne's Moorabbin Airport is one of the busiest general aviation airports in the country, supportingflight training, charter and maintenance operations.
In addition to its aviation operations, it has a broad range of income streams including industrial and logistics facilities, large-format retail through the Kingston Central Plaza and direct factory outlet precinct, office accommodation, and ground lease interests.
Barings Real Estate Australia will oversee the Moorabbin Airport property moving forward, including facilitating future development activities.
Anjana Moran, Aware Super Senior Portfolio Manager for Property said, "Aware Super is proud to invest in Moorabbin Airport on behalf of its 1.3 million members, and we look forward to working with Barings as an experienced and trusted investment manager and other consortium partners to unlock further value through new growth initiatives and development activities."
The HSF Kramer team was led by Tax partner Ryan Leslie, with support from Nick Heggart and Naison Seery.
Ryan said, "It was a pleasure to work with the team at Aware Super on this transaction, and we look forward to seeing the continued growth of Moorabbin Airport under its new ownership."
This is the latest example of HSF Kramer's market-leading work in taxation. Other recent examples include advising:
* UniSuper on the tax aspects of its acquisition of Qube
* Astralas on its merger with Quadrant's Bastion Security Group
* Axight on the acquisition of Estia Health as part of a Stonepeak-led consortium
* Energy Fuels, Inc. on its proposed acquisition of Australian Strategic Materials Limited
* Apiam Animal Health on its acquisition by Adamantem Capital
* The ad hoc noteholder group on the financial restructuring of InfraBuild's 14.5000% Senior Secured Notes
* EnergyAustralia on its development of a 350 MW/1400 MWh battery energy storage system in Latrobe Valley
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URL: Aware Super
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Original text here: https://www.hsfkramer.com/news/2026-07/hsf-kramer-advises-aware-super-tax-aspects-acquisition-moorabbin-airport
[Category: BizLaw/Legal]
Haynes & Boone: Lender Considerations in Subscription Lines for Continuation Vehicles
DALLAS, Texas, July 15 [Category: BizLaw/Legal] (TNSrpt) -- Haynes and Boone, a law firm, posted the following news release:
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Lender Considerations in Subscription Lines for Continuation Vehicles
By Kinne Manente and Javier Martinez
The rise of continuation vehicles in private markets brings new considerations for subscription line lenders financing these entities. While the core underwriting framework of continuation vehicles remains the same as a traditional fund, subscription line lenders should scrutinize several factors, including investor composition, commitment mechanics, asset
... Show Full Article
DALLAS, Texas, July 15 [Category: BizLaw/Legal] (TNSrpt) -- Haynes and Boone, a law firm, posted the following news release:
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Lender Considerations in Subscription Lines for Continuation Vehicles
By Kinne Manente and Javier Martinez
The rise of continuation vehicles in private markets brings new considerations for subscription line lenders financing these entities. While the core underwriting framework of continuation vehicles remains the same as a traditional fund, subscription line lenders should scrutinize several factors, including investor composition, commitment mechanics, assetconcentration and underlying transaction documents.
Background
Fundamentally, a continuation vehicle is a new entity formed by a sponsor to acquire one or more assets from an existing fund the sponsor manages. Sponsors identify one or more portfolio assets they believe would benefit from additional maturation. These assets are then sold from the existing fund to the new continuation vehicle. Investors in the existing fund can cash out at the time of the transfer, roll their equity into the new continuation vehicle or some combination of the two. Frequently, new investors also commit capital to fund the acquisition and provide follow-on support.
Historically, continuation vehicles were often formed to purchase only those assets that had significantly underperformed. Over time however, the market view on these vehicles has shifted. In particular, the more challenging exit environment of the last few years has generated a fresh perspective as sponsors have increasingly turned to these structures as a means of extending asset hold periods and managing liquidity. Jefferies reported in its H1 2025 Global Secondary Market Review that, in the first half of 2025 alone, nearly 20 percent of fund exits were to continuation vehicles. Financing for these vehicles ran on a parallel track, with our 2026 Haynes Boone Fund Finance Annual Report finding that 23 percent of the lenders surveyed participated in a credit facility for a continuation vehicle in 2025.
Lenders' underwriting standards need to reflect the differences between continuation vehicles and traditional fund structures, though much can be done with credit facility structuring and initial due diligence to mitigate associated risks posed by these differences.
Underwriting Considerations
One key distinction that subscription line lenders encounter when underwriting a continuation vehicle is the composition of the investor pool. Because the investor base for continuation vehicles is often much more concentrated, lenders need to consider the most appropriate borrowing base structure and whether that structure fits within their strategy. Some lenders' credit processes may struggle with the lack of diversity, even if the quality of investors is quite high. Compounding that issue can also be the lack of familiarity with the investors actually subscribed to the continuation vehicle. Lenders with historical knowledge of the subscription space often have a depth of exposure to many of private equity's most consistent repeat players. An uptick in secondaries funds as investors in continuation vehicles has presented additional challenges for some lenders when looking at the potential borrowing base. On the other hand, the lenders actively providing subscription lines to continuation vehicles are comfortable with the quality of the investors, recognize the attractiveness of cherry-picked assets and have developed mitigation strategies.
Given the smaller number of investors and heightened scrutiny, there has been some resurgence in requiring investor letters. Investor letters, while not always dispositive, give lenders comfort on several fronts. As has always been true, these provide greater assurances on the enforceability of the capital commitments, given the direct contractual relationship between the investor and lender. They can also help address concerns around claims of self-dealing and breaches of fiduciary duty, which are a source of rising angst between sponsors and limited partners.
Another means of mitigating the concentration risk of both investors and the underlying assets is greater diversity in the types of collateral and financial covenants. Some of the facilities for these vehicles are hybrid in nature, with both capital commitments and distributions from the underlying assets being pledged to the lender. Even where distributions are not taken as additional collateral, the loan documents often include financial tests more commonly seen in NAV transactions. That said, lenders should approach NAV-style covenants with care. Employing such covenants without properly working through valuation methodology, reporting frequency, cure mechanics and sponsor sensitivity to asset-level disclosure can often lessen the desired benefit and create sponsor friction. The reality is that the market has not settled on any one formula, and continuation vehicle financing structures reflect a myriad of different lender approaches. While generally falling across the same lines, these credit facilities take different forms, each informed by the applicable lender's underwriting requirements.
Lastly, facility structures are also affected by the relatively shorter lifespans of continuation vehicles compared to other types of funds and the fact that their capital needs are front-loaded around an acquisition rather than spread across a multi-year investment period. A continuation vehicle's compressed lifespan and front-loaded capital needs may justify a shorter facility maturity, more frequent clean-down requirements, and mandatory prepayment triggers tied to asset realizations or distributions.
Due Diligence Considerations
In addition to reviewing partnership agreements, subscription agreements and side letters for continuation vehicles (as one would with a traditional fund), lenders must also carefully analyze the rollover documents and agreements transferring the assets from the existing fund, as there can be unique mechanics at play. For example:
* Investors rolling over from the existing fund may not have an obligation to fund additional amounts, or their commitment may be greatly reduced by an amount equal to the value of the equity rolled over. In addition to impacting the baseline amount for determining the borrowing base, lenders may need to impose investor-specific concentration limits, reduced advance rates or heightened eligible investor thresholds as conditions to borrowing base eligibility.
* In other circumstances, the investors' obligation to fund capital calls is tied to milestones in the underlying transfer documents. For instance, the effectiveness of rolling capital commitments to the continuation vehicle may be subject to satisfaction of all conditions precedent in the purchase and sale agreement transferring the asset from the existing fund. Accordingly, lenders should understand how the asset transfer will occur to ensure that capital call collateral rights pledged as security are, in fact, enforceable.
* Lenders should also diligence whether the investors in the selling fund properly authorized the asset transfer and that proper steps were taken under any rollover agreement for the investor rollover to be effective. Defects in the consent or transfer process could create grounds for an investor to challenge its obligations, introducing uncertainty about capital call enforceability.
* It is also important to confirm whether the fund's partnership agreement, purchase agreements or rollover documents contain provisions that impact the continuation vehicle. These could include excuse rights, withdrawal rights, setoff provisions or overcall limitations.
Conclusion
Even though continuation vehicles pose unique challenges for a subscription line lender, the market is evolving to identify and address the associated risks. Preparing in advance for hurdles like those outlined above will help lenders prepare their underwriting teams and sponsor counterparts for the documentation process. While underwriting may require a tailored approach and additional due diligence, continuation vehicles can be strong subscription line borrowers with concentrated but high-quality borrowing bases supported by assets that investors know they want in their portfolio. For those interested, attached for reference is a list of several considerations when providing financing to a continuation vehicle.
Continuation Vehicle Financing Questions
Investor Composition & Borrowing Base Questions
* Are investors rolling over, secondaries, or new money?
* Are there triggers to make investor commitments active?
* Do rollover investors have an obligation to fund cash?
Due Diligence Questions
* Have all necessary steps been taken to effectuate the asset transfer?
* Do the rollover agreements contain any provisions that need to be addressed?
* Do the asset transfer agreements contain any provisions that need to be addressed?
Facility Structure & Financial Covenants Questions
* Do concentration limits or hurdles make sense?
* Does a NAV test or other financial covenant make sense?
* Should the facility be hybrid with NAV collateral?
* What is the expected lifespan of the fund and what does that mean for facility tenor and clean- down requirements?
* Do permitted borrowing purposes align with the vehicle's actual capital needs?
* Should mandatory prepayment triggers tied to asset realizations and distributions be required?
* Would investor letters mitigate concerns?
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REPORT: https://www.haynesboone.com/getContentAsset/871c942f-c87e-428f-a13c-c0f2fedcff20/141d77fc-2e06-49eb-b14c-2ff58f5ce730/haynes-boone-fund-finance-annual-report-2026.pdf?language=en-US
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Original text here: https://www.haynesboone.com/news/alerts/lender-considerations-in-subscription-lines-for-continuation-vehicles
Fisher Phillips Issues Insight: DOL to Address Heat Stress, Child Labor Rules in New Regulatory Plan - What Your Business Needs to Know
ATLANTA, Georgia, July 15 -- Fisher Phillips, a law firm, issued the following insight on July 14, 2026:
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DOL to Address Heat Stress, Child Labor Rules in New Regulatory Plan: What Your Business Needs to Know
The US Department of Labor is setting itself up for a busy rest of the year, with a bold regulatory agenda for 2026 that includes proposals to address workplace heat safety, the hours 14- and 15-year-olds can work, and tip-credit regulations. The agency also plans to finalize several rules before the end of the year according to the regulatory plan released July 3, including standards
... Show Full Article
ATLANTA, Georgia, July 15 -- Fisher Phillips, a law firm, issued the following insight on July 14, 2026:
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DOL to Address Heat Stress, Child Labor Rules in New Regulatory Plan: What Your Business Needs to Know
The US Department of Labor is setting itself up for a busy rest of the year, with a bold regulatory agenda for 2026 that includes proposals to address workplace heat safety, the hours 14- and 15-year-olds can work, and tip-credit regulations. The agency also plans to finalize several rules before the end of the year according to the regulatory plan released July 3, including standardsthat would address joint employment and independent contractor relationships under the Fair Labor Standards Act (FLSA). While many of these policy moves aren't a surprise to regulatory watchers, they signal an effort by the Trump administration to solidify pro-business policies via rulemaking and to clear up several highly litigated issues that have cropped up under DOL's regulations. Coupled with the recent nomination of Keith Sonderling to serve as Secretary of Labor, DOL appears poised to continue focusing on compliance assistance for businesses, rather than strict, punitive enforcement. Here's everything you need to know about the DOL's regulatory plan for 2026.
Wage and Hour
DOL's Wage and Hour Division, which is tasked with enforcing dozens of laws including minimum wage and overtime requirements as well as child labor restrictions, has several major rulemakings on its docket.
The agency is preparing new proposals to address the limitations around work hours for 14- and 15-year olds as well as tip-credit regulations before the end of the year. While the details on these proposals are limited, the hospitality industry has expressed frustration with the lack of clarity on both these provisions of the FLSA.
Youth employment has been trending down in recent years, noted FP's Hagood Tighe, co-chair of the Wage and Hour practice group. That's partly due to interest in other summer activities like sports, said Tighe, while another part "is that the Department of Labor has gotten pretty tough in the last 10 years about minor employment and abiding by the hours and the duties that they're allowed to perform." As a result, many hospitality employers "don't hire many people under the age of 16 anymore, and a lot of them don't hire minors at all," he said.
Hiring Teens This Summer? Check out FP's 6-Step Guide to Help Your Business Comply with Child Labor Rules.
Whether and when tip-earning workers should be paid the lower tipped minimum wage versus the full minimum wage when doing non-tip generating sidework has been a frequently litigated issue, and the policy on where the limits are has flip-flopped over the last decade. The regulatory agenda doesn't provide much detail about what the proposal may do. But, FP's Tighe cautions that even if the wage division were to loosen rules around tips, many states have their own standards. "The thing to keep in mind is that when it comes to tip rules, this regulation will not trump the state laws on tip credit, tip pooling and tip sharing. Some states don't allow the tip-credit at all."
Where Do Things Stand With the Tip-Credit? Read FP's primer on the state of the tip-credit.
The agency's Wage and Hour Division is also aiming to wrap up its closely watched independent contractor rule by October. But, it's important to keep in mind that the dates included in the regulatory agenda are largely estimates and previous administrations have missed those deadlines.
Safety
One of the biggest updates from the DOL's regulatory agenda is where the agency stands on its heat-safety rulemaking. The Occupational Safety and Health Administration (OSHA) plans to issue a supplemental notice of proposed rulemaking by December to address heat hazards in both indoor and outdoor settings, according to the plan. Supplemental NPRMs are issued when a proposal has been "substantially changed" from the original notice of proposed rulemaking or if "substantial time" has passed since the NPRM was issued.
The agency has been working since the Biden administration to develop a workplace heat injury and illness prevention standard that sets triggers for employers to protect outdoor and certain indoor workers from extreme temperatures. The rulemaking has drawn significant concerns from businesses who say the proposal is too prescriptive and not performance based. The Trump-led DOL held a hearing last summer and accepted more comments from the public on what the standard should look like. Until the regulatory agenda dropped earlier this month, we hadn't heard any updates on the proposal.
Don't Sweat. Read FP's coverage on what's in the rulemaking and how to keep your workers safe in the heat.
Other notable rulemakings from OSHA include:
* A proposal to update OSHA's Lock Out/Tag Out regulations by November.
* Several interim final rules to address OSHA's authority over retaliation claims under certain whistleblower statutes.
* An interim final rule slated for November that would address OSHA's authority to issue subpoenas in investigations.
* A proposed first-ever safety standard for the tree-care industry is expected by October.
* A final rule to remove certain COVID-19 recordkeeping and reporting requirements for healthcare employers is set to be released later this month.
Immigration
Businesses should also be prepared for a proposed rewrite of the PERM Labor Certification requirements that could come as soon as this month. The summary provided by the administration said it would release a proposal to modernize PERM recruitment standards, tighten protections for US workers affected by layoffs, and increase compliance obligations tied to non-discriminatory recruitment and record retention. In order to sponsor a non-US worker for a green card, an employer must demonstrate that it attempted to recruit for the position but was unable to identify any ready, willing, qualified, and available US workers to fill the role. The process involves a series of advertising and recruitment efforts reviewed by the DOL.
The regulatory docket shows an NPRM targeted for July 2026, but the agenda doesn't offer an estimate of when it expects the rule to be finalized. From the limited details provided in the regulatory agenda, DOL is signaling a more rigorous PERM process, especially around how companies recruit for permanent roles. That could potentially include higher minimum standards for recruiting qualified US workers and more attention to non-discrimination in recruitment and hiring. Those changes could also usher in more documentation requirements and more enforcement scrutiny of how openings are advertised and evaluated.
The DOL's rulemaking comes after the Equal Employment Opportunity Commission said in June it would make scrutinizing hiring preferences for foreign national workers an enforcement priority. The agency said this may include, but is not limited to, policies, programs, or practices that preference guest worker visa holders or PERM applicants.
Learn more about how to safeguard your foreign hiring process from FP here.
What's Next?
Overall, the regulatory agenda, along with the appointment of Keith Sonderling as Labor Secretary, suggests a business-friendly environment focused on economic opportunity and compliance assistance rather than aggressive enforcement, predicts FP's Kathie Caminiti, co-chair of FP's Wage and Hour practice group.
The rulemaking process can span several months, so many of these potential policy changes will take time to implement. Regardless of the administration's current stance on enforcement, it's an excellent time to review your current workplace safety plans, as well as your hiring and compensation practices given the expected changes on the horizon. FP legal counsel is available if you need help with a DOL audit or to assist your team in reviewing wage and hour or workplace safety compliance measures.
Conclusion
We will continue to monitor developments on these rulemakings, so be sure you are subscribed to Fisher Phillips' Insight System to get the most up-to-date information directly to your inbox. If you have any questions about this Insight or need assistance on a related issue, reach out to your Fisher Phillips attorney or any member of our Immigration, Wage and Hour or Workplace Safety Practice Groups.
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Related People
Kathleen McLeod Caminiti
Partner and Co-Chair, Wage and Hour Practice Group
908.516.1062
kcaminiti@fisherphillips.com
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Jocelyn Campanaro
Partner
303.218.3667
jcampanaro@fisherphillips.com
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J. Micah Dickie
Partner
404.260.3419
mdickie@fisherphillips.com
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Todd B. Logsdon
Partner
502.561.3971
tlogsdon@fisherphillips.com
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J. Hagood Tighe
Partner and Co-Chair, Wage and Hour Practice Group
803.740.7655
htighe@fisherphillips.com
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Original text here: https://www.fisherphillips.com/en/insights/insights/dol-to-address-heat-stress-child-labor-rules-in-new-regulatory-plan
[Category: BizLaw/Legal]
Attorney Brian Malec Nominated by The Florida Bar Tax Section as 2027-2028 Chair-Elect
ORLANDO, Florida, July 15 -- Dean Mead, a law firm, issued the following news release:
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Attorney Brian Malec Nominated by The Florida Bar Tax Section as 2027-2028 Chair-Elect
Dean Mead is pleased to announce Estate Planning attorney Brian Malec has been nominated by The Florida Bar Tax Section Nominating Committee to serve as the section's 2027-2028 Chair-Elect.
A dedicated leader within the Tax Section for more than a decade, Brian has served on the Executive Council and Directors' Committee since 2013. Throughout his tenure, he has held numerous leadership roles, including Co-Director
... Show Full Article
ORLANDO, Florida, July 15 -- Dean Mead, a law firm, issued the following news release:
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Attorney Brian Malec Nominated by The Florida Bar Tax Section as 2027-2028 Chair-Elect
Dean Mead is pleased to announce Estate Planning attorney Brian Malec has been nominated by The Florida Bar Tax Section Nominating Committee to serve as the section's 2027-2028 Chair-Elect.
A dedicated leader within the Tax Section for more than a decade, Brian has served on the Executive Council and Directors' Committee since 2013. Throughout his tenure, he has held numerous leadership roles, including Co-Directorof the Long-Range Planning Committee, Section Administration Division, Federal Tax Division, and Legislation and Regulations Division. He also previously served as the section's Treasurer, helping guide the section's strategic initiatives and operations.
In addition to his service with the Tax Section, Brian serves on the Economic Council of The Florida Bar Real Property, Probate and Trust Law Section, further demonstrating his commitment to advancing the legal profession and supporting the development of Florida's legal community.
Florida Board Certified in Wills, Trusts and Estates, Brian focuses his practice on estate and succession planning. He advises individuals, families, and business owners on the design and implementation of wills, trusts, business entities, and sophisticated wealth transfer strategies that help clients achieve their personal, business, and legacy objectives in a tax-efficient manner.
Brian has been recognized for his excellence in trusts and estates and tax law by numerous publications, including Best Lawyers in America and Super Lawyers, among others.
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About The Florida Bar Tax Section: The purpose of the Tax Section is to further the tax knowledge and practice of members in federal and state tax law. Learn more: https://floridataxlawyers.org/.
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Original text here: https://www.deanmead.com/attorney-brian-malec-nominated-by-the-florida-bar-tax-section-as-2027-2028-chair-elect/
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