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ARTICLE · 01 SEPTEMBER 2020

DOL Announces Substantial Changes To Guidance Practices

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On August 28, 2020, the U.S. Department of Labor ("DOL") published in the Federal Register a final rule that substantially revises its practices with respect to guidance documents.

United StatesEmployment and HR
Allan Bloom
Allan Bloom
Jordan B. Glassberg
Jordan B. Glassberg
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On August 28, 2020, the U.S. Department of Labor ("DOL") published in the Federal Register a final rule that substantially revises its practices with respect to guidance documents. The "Promoting Regulatory Openness through Good Guidance Rule," referred to as the "PRO Good Guidance Rule," implements President Trump's Executive Order 13891, which directed federal agencies to curtail and streamline guidance practices. The DOL explained that in issuing the PRO Good Guidance Rule, it sought "to create fairer procedures for the issuance and use of regulatory guidance at the Department of Labor," and in recognition of the fact that "the public often treats guidance from agencies as binding, even if it technically is not."

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