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Regulation: Department of Labor Rule On ESG Investing
November 29, 2022On Tuesday, November 22, the U.S. Department of Labor (DOL) announced a final rule overturning previous restrictions on the ability of retirement plan fiduciaries to consider ESG-related factors in their investment decisions. The final rule, Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights, builds on Executive Order 14030 signed by President Biden on May 20, 2021. The Rule clarifies that, consistent with the fiduciary duties of prudence and loyalty under the Employee Retirement Income Security Act (ERISA), retirement plan fiduciaries may consider ESG factors when selecting investment and exercising shareholder rights, such as voting proxies.
