Brian D. Pedrow

Brian D. Pedrow

Ballard Spahr LLP

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Diversity assessment and remedial measures required by CFPB consent order

On June 29, 2016, BancorpSouth Bank announced a proposed settlement and consent order with the CFPB and the U.S. Department of Justice of charges that the bank’s mortgage lending practices violated the Equal Credit...more

7/28/2016 - Banking Sector Banks CFPB Consent Order Cooperative Compliance Regime Diversity Dodd-Frank DOJ ECOA Fair Housing Act (FHA) Financial Institutions Mortgage Lenders Mortgages Race Discrimination Redlining Residential Real Estate Market

Ninth Circuit Vastly Expands Scope of Criminal, Civil Liability for Computer Fraud

In a pair of highly anticipated decisions, the Ninth Circuit significantly reshaped criminal and civil liability under the federal Computer Fraud and Abuse Act (CFAA). The court’s recent decisions in United States v. Nosal...more

7/18/2016 - Civil Liability Computer Fraud and Abuse Act (CFAA) Confidential Information Criminal Liability Data Security Economic Espionage Act Electronically Stored Information Facebook Former Employee Misappropriation Passwords Popular Trade Secrets Unauthorized Access US v Nosal Websites

Agencies announce submission of diversity self-assessments to OMWIs can begin

In a notice to be published in tomorrow’s Federal Register, the CFPB, OCC, Fed, FDIC, SEC, and NCUA announce that the Office of Management and Budget has approved the “information collection” contained in their “Final...more

7/12/2016 - CFPB Comment Period Diversity Dodd-Frank FDIC Federal Reserve Financial Sector Information Statements NCUA OCC OMB OMWI Policies and Procedures Regulatory Agencies Reporting Requirements SEC Transparency Directive

PA’s Medical Marijuana Act: Challenges for Employers

Pennsylvania became the latest state to legalize medical marijuana when Governor Tom Wolf signed the Pennsylvania Medical Marijuana Act into law last week. The statute, which had bipartisan support, establishes a medical...more

5/2/2016 - Anti-Retaliation Provisions Decriminalization of Marijuana Discrimination Employer Liability Issues Employment Discrimination Hiring & Firing Marijuana Medical Marijuana New Legislation

DOL Issues Notice of Proposed Rulemaking to Implement Executive Order Requiring Federal Contractors to Provide Paid Sick Leave

The Department of Labor (DOL) has published a Notice of Proposed Rulemaking for regulations under President Barack Obama's Executive Order 13706, establishing paid sick leave requirements for federal contractors. EO 13706,...more

3/1/2016 - Comment Period Davis-Bacon Act DOL Employee Benefits Federal Contractors FLSA Minimum Wage NPRM PTO Sick Leave Wage and Hour

DOJ Delays Web Accessibility Regulations; Enforcement Actions Continue

The U.S. Department of Justice (DOJ) has published its Fall 2015 Statement of Regulatory Priorities and announced that its much-anticipated rulemaking on web accessibility under the Americans with Disabilities Act (ADA) will...more

12/3/2015 - ADA Advanced Notice of Proposed Rulemaking (ANPRM) DOJ Regulatory Agenda Website Accessibility

President Obama Issues Labor Day Executive Order Requiring Federal Contractors to Provide Paid Sick Leave to Employees

President Obama has issued an executive order requiring federal contractors to provide up to seven days of paid sick leave per year to their employees. The White House anticipates that the requirement could benefit more than...more

9/11/2015 - DOL Domestic Violence Employee Benefits Executive Orders Federal Contractors Obama Administration PTO Sexual Assault Sick Leave Stalking

Dodd-Frank diversity standards: just out of the gate and already under fire

Just days after the release of the final diversity standards under Section 342 of the Dodd-Frank Act, several prominent lawmakers and business leaders have criticized the new standards for not going far enough to promote...more

6/26/2015 - CFPB Diversity Dodd-Frank Employer Mandates Financial Institutions Joint Policy Statements OMWI Recruitment Policies

CFPB issues final diversity and inclusion standards

The CFPB was among six federal agencies that issued final new diversity and inclusion standards earlier this week. The other agencies were the OCC, Fed, FDIC, NCUA and SEC. The standards go into effect on June 10, 2015 and...more

6/12/2015 - Banking Sector CFPB Diversity and Inclusion Standards (D&I) Dodd-Frank FDIC Federal Reserve Financial Institutions NCUA OCC OMWI SEC

DOL Releases New FMLA Forms

The U.S. Department of Labor (DOL) has issued new forms for employers to use in connection with employee leave under the Family and Medical Leave Act (FMLA). The new forms, which replace the forms that expired in February,...more

6/11/2015 - DOL Employer Mandates FMLA GINA Required Forms

Final Diversity and Inclusion Standards Issued Jointly by Six Federal Agencies

Pursuant to a mandate contained in Section 342 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank or Act), six federal agencies jointly issued new Diversity and Inclusion (D&I) Standards today. These...more

6/11/2015 - Diversity Diversity and Inclusion Standards (D&I) Dodd-Frank Employer Mandates Hiring & Firing OMWI Regulatory Standards

The CFPB Announces Final Diversity Standards under Dodd-Frank Section 342 Are Completed

On April 29, 2015, the Office of Minority and Women Inclusion (OMWI) of the Consumer Financial Protection Bureau (CFPB or Bureau) released its third Annual Report for 2014, as mandated by Section 342(e) of the Dodd-Frank Act...more

5/6/2015 - CFPB Diversity Dodd-Frank Federal Contractors OMWI

U.S. Supreme Court Weighs in on Labor Department’s Interpretation of Overtime Rules for Mortgage Loan Officers

We know that many of you are aware of the U.S. Supreme Court's decision in Perez v. Mortgage Bankers Association. The Court held that the U.S. Department of Labor was not required to follow notice and comment procedures in...more

3/23/2015 - Employer Liability Issues Exempt-Employees FLSA Mortgage Loan Officer Perez v Mortage Bankers Assoc SCOTUS Wage and Hour

Enhance Diversity & Inclusion Efforts in Four Areas CFPB, Audit Recommends

Last week, the Office of Inspector General published its findings following an audit assessing the CFPB’s human resources-related operations and other efforts for equal employment. The audit, which was conducted in response...more

3/19/2015 - CFPB Diversity Public Employees Working Groups

U.S. Supreme Court Notice, Comment Not Required for Federal Agencies Interpreting Regulations

The U.S. Supreme Court decided in Perez v. Mortgage Bankers Association that federal agencies are not required to use the Administrative Procedure Act's (APA) notice and comment procedures when issuing or making changes to...more

3/17/2015 - Administrative Procedure Act DOL FLSA Mortgage Bankers Association Mortgage Loan Officer Perez v Mortage Bankers Assoc Rulemaking Process SCOTUS Wage and Hour

IRS Issues Preliminary Guidance on Cadillac Tax

Monday, the Internal Revenue Service issued preliminary but much-anticipated guidance on the so-called Cadillac tax imposed by the Affordable Care Act (ACA). The new notice offers very few concrete answers to employer...more

2/26/2015 - Affordable Care Act Cadillac Tax IRS New Guidance

Diversity Reports at Two Federal Agencies Offer Glimpse of Regulatory Review under Impending Dodd-Frank Diversity Standards

The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank), signed by President Obama in 2010 in response to the financial crisis, includes a provision intended to remedy racial and gender discrepancies at...more

1/28/2015 - Diversity Dodd-Frank Employer Liability Issues FDIC Financial Institutions Gender Discrimination OCC OMWI Public Employers Race Discrimination Regulatory Agencies

Diversity reports at two federal agencies offer glimpse of regulatory review under impending Dodd-Frank diversity standards

The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”), signed by President Obama in 2010 in response to the financial crisis, includes a provision intended to remedy racial and gender discrepancies at...more

1/19/2015 - Diversity Dodd-Frank FDIC Financial Institutions Government Agencies OCC OMWI

Philadelphia Mayor's Task Force Recommends Mandatory Paid Sick Leave

A task force appointed by Mayor Michael Nutter to examine the impact of paid sick leave legislation recently released its final report that recommends Philadelphia employers with 15 or more workers should provide paid sick...more

12/4/2014 - Employee Rights Local Ordinance Paid Leave Sick Leave

Federal Court Finds No Willful Violation for Misclassification of Mortgage Loan Officers

A federal court in Oklahoma delivered another blow to claims by mortgage loan officers that they are entitled to overtime under the Fair Labor Standards Act (FLSA). In Chapman v. BOK Financial Corporation, the court...more

9/15/2014 - Employee Rights FLSA Loan Officer Misclassification Mortgages Popular

DOL Issues Notice of Proposed Rulemaking Requiring Equal Pay Report

The U.S. Department of Labor (DOL) recently issued a Notice of Proposed Rulemaking to amend the regulations implementing Executive Order 11246, which addresses affirmative action requirements for federal contractors and...more

8/18/2014 - Contractors DOL Federal Contractors OFCCP Subcontractors

Executive Order Requires New Disclosures for Federal Contractors

On Thursday, July 31, 2014, President Obama signed an Executive Order called "Fair Pay and Safe Workplaces," requiring covered federal contractors and subcontractors to publicly report labor violations, to forgo the use of...more

8/6/2014 - ADA ADEA Barack Obama Disclosure Requirements Executive Orders Fair Pay and Safe Workplaces Federal Acquisition Regulations (FAR) Federal Contractors FLSA FMLA Mandatory Arbitration Clauses OSHA Subcontractors Title VII

CFPB: Industry Should 'Start Now' To Comply with Workplace Diversity and Inclusion Standards

I recently participated in a panel presentation at the MBA Strategic Markets and Diversity Summit in Washington, D.C. Stuart Ishimaru, Director of the Consumer Financial Protection Bureau's Office of Minority and Women...more

7/3/2014 - CFPB Diversity Dodd-Frank Employer Liability Issues Proposed Regulation

CFPB: Industry should “start now” to comply with workplace diversity and inclusion standards

On June 26, 2014, I participated in a panel presentation at the MBA Strategic Markets and Diversity Summit, in Washington, D.C. Stuart Ishimaru, Director of the Consumer Financial Protection Bureau’s Office of Minority and...more

6/30/2014 - Banks CFPB Diversity Dodd-Frank EEOC Employer Liability Issues Employment Policies FDIC Hiring & Firing NCUA OCC SEC

DOL Proposed Rule Raises Minimum Wage to $10.10 for Federal Contractors

The U.S. Department of Labor (DOL) recently issued a proposed rule raising the minimum wage to $10.10 per hour for employees staffing any of four categories of federal contracts. The proposed rule implements an executive...more

6/19/2014 - Barack Obama Construction Contracts DOL Employer Liability Issues Executive Orders Federal Contractors Minimum Wage Proposed Regulation Service Contracts Wage and Hour

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