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Foreign No More: Transferring Data on Demand U.S. Companies and GDPR Data Portability

Much has been written about the consternation and concern of businesses around the world regarding the European Union’s General Data Protection Regulation (GDPR), which takes effect on May 25, 2018. The GDPR applies to...more

Employers Beware: What Not To Ask During A Job Interview

“What’s your current salary?” This seemingly innocuous question will soon get an employer in deep water in Massachusetts, Philadelphia and New York City, which have all enacted laws that prohibit an employer from questioning...more

FinTech Lenders on Notice: Congressman Launches Investigation into FinTech Lending

Rep. Emanuel Cleaver II has begun an investigation into small business financial technology (FinTech) lending, expressing concern that “some FinTech lenders may be trapping small business owners in cycles of debt or charging...more

And NYC Makes Three: Massachusetts, Philadelphia, and New York City Ban Salary Inquiries

New York City will soon become the third jurisdiction to enact laws barring employers from asking a job applicant about former salaries. The goal? To eliminate one of the alleged sources of wage disparities between men and...more

When Off-the-Clock Isn’t Off-the-Clock: The Seventh Circuit Considers Employees’ Arguments that Employer Violated the Fair Labor...

Remember that collective action that the Chicago police officers filed complaining that they weren’t paid overtime for checking their BlackBerrys off duty? Well, the cops lost at trial and now the U.S. Court of Appeals for...more

Texas Federal Judge Rules DOL “Persuader Rule” Unlawful

The Department of Labor’s (DOL) controversial “Persuader Rule” is off the table—at least for now. U.S. District Judge Cummings in the Northern District of Texas granted summary judgment to 10 states, including Texas, and...more

Repercussions of Retaliation: EEOC Revises its Guidance on Retaliation

For the first time in 18 years, the U.S. Equal Employment Opportunity Commission (EEOC) has issued revised guidance (the Guidance) regarding retaliation. The Guidance, which broadens and clarifies the definition of protected...more

Changes Ahead: The New FLSA Salary Threshold and its Impact on Employers and Employees

The Department of Labor (DOL) finalized a new rule (“Final Rule”) on May 18, 2016, under the Fair Labor Standards Act (FLSA), which increases the threshold required to satisfy the DOL’s “white collar” exemption to the FLSA,...more

The Impact of Inflation: The EEOC Increases Monetary Civil Penalties for Notice-Posting Violations under Title VII, ADA, and GINA

The Equal Employment Opportunity Commission is increasing the monetary civil penalties for violations of the notice-posting requirements of Title VII of the Civil Rights Act of 1964 (Title VI), the Americans with Disabilities...more

Supreme Court of South Carolina sides with MERS in Kubic v. MERSCORP Holdings, Inc.

On March 30 2016, the Supreme Court of South Carolina weighed in on the attempts of several South Carolina counties to make Mortgage Electronic Registrations Systems, Inc. (MERS), and its member banks pay for the correction...more

The Seventh Circuit Upholds the Breadth of an EEOC Subpoena Seeking Staffing Company’s Client Information

Earlier this month, the US Court of Appeals for the Seventh Circuit found that the EEOC was within its investigatory powers to administratively subpoena broad information about a staffing agency’s clients even though it was...more

What’s Next for the CFPB? Requirements for Short-Term Loans

Earlier this month, the CFPB Acting Deputy Director David Silberman provided written testimony before the House Committee on Financial Services Subcommittee on Financial Institutions and Consumer Credit. Silberman explained...more

The US Departments of Justice and Labor Announce Expansion of Worker Endangerment Initiative

Just in time for the holidays, the Department of Justice (DOJ) and Department of Labor (DOL) announced a new plan to prosecute crimes that put workers’ health and lives at risk. As explained in the December 17, 2015 press...more

Extra Paperwork Triggers EEOC to File ADA Suit in South Carolina

The EEOC recently filed a disability discrimination suit in a South Carolina federal court (Equal Employment Opportunity Commission v. Correct Care Solutions, LLC). The complaint alleges that Correct Care Solutions, LLC,...more

There Are Limits: Florida First District Court of Appeal Upholds Discovery Limitations

In CQB, 2010, LLC v. Bank of New York Mellon, the Florida First District Court of Appeal provides guidance on discovery limitations in foreclosure actions. In CQB, the petitioner, the defendant in a foreclosure proceeding,...more

When Is Face-To-Face Not Face-To-Face Enough? Wells Fargo Bank, N.A. vs. Cook and 24 C.F.R. 203.604(b)

According to 24 C.F.R. 203.604(b), a “mortgagee must have a face-to-face interview with the mortgagor, or make a reasonable effort to arrange such a meeting, before three full monthly installments due on the mortgage are...more

Goal? Identify Rogue Employees Before They Misbehave. Means? Computer Algorithm. Impact? TBD...

In an attempt to weed out bad actors before they act, JPMorgan Chase & Co. is implementing a computer surveillance program to identify potential problem employees. Here's a legal perspective on the initiative from Keith...more

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