Brian D. Pedrow

Brian D. Pedrow

Ballard Spahr LLP

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Latest Publications


NY Payroll Debit Card Regulation Declared Invalid

A New York regulation establishing conditions for the payment of wages by direct deposit or debit card scheduled to take effect on March 7, 2017, has been invalidated and revoked by the state's Industrial Board of Appeals...more

2/27/2017 - Appeals ATMs Debit Cards Fees Financial Services Industry Industrial Board of Appeals Payroll Cards Wage and Hour Wages

Bank Whistleblower Suits Highlight Limits of Employee Confidentiality Agreements

Employers increasingly face the difficult scenario of employees who misappropriate company data in the pursuit of whistleblower claims alleging misconduct by the employer. Such cases can present a complex mix of regulatory,...more

2/24/2017 - Bank Secrecy Act Banking Sector Banks Confidentiality Agreements Dodd-Frank Labor Code OCC Retaliation Sarbanes-Oxley SEC Whistleblower Protection Policies Whistleblowers

SCOTUS Nominee Gorsuch's Judicial Conservatism May Benefit Employers

President Trump's nomination of Judge Neil M. Gorsuch could shape the U.S. Supreme Court for years to come because of the judge's relatively young age (49) and because he could be part of a conservative majority on the Court,...more

2/3/2017 - Administrative Boards Chevron Deference Confirmation Proceedings DOL Employment Discrimination Joint Employers Judicial Appointments Justice Scalia Neil Gorsuch NLRA NLRB Nominations Over-Time Persuader Rules SCOTUS Trump Administration Union Elections White-Collar Exemptions

Expect Pro-Business, Pro-Employer Changes Under Trump Administration

When Donald Trump won the presidential election in November, management-side labor and employment lawyers everywhere scrambled to figure out what the changing administration would mean for our nation's employers and our...more

1/23/2017 - Affordable Care Act DOL EEO-1 EEOC Employee Benefits Employer Mandates Employment Discrimination FLSA Gender Discrimination Gender-Based Pay Discrimination Health Insurance Healthcare Healthcare Reform Joint Employers LGBT LGBTQ Minimum Salary NLRB Over-Time Section 7 Transgender White-Collar Exemptions

FTC and DOJ Release Antitrust Guidance for HR Professionals

The Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice (DOJ) yesterday jointly issued guidance to human resource professionals and others involved in hiring and compensation decisions. This...more

10/24/2016 - Antitrust Provisions Compensation DOJ Employer Liability Issues FTC Hiring & Firing Human Resources Professionals

MBA launches new networking platform for women

Women in the real estate financing sector have a new opportunity to connect with others in their field and to access and exchange information about the industry. On October 18, the Mortgage Bankers Association (MBA)...more

10/24/2016 - Banking Sector CFPB Diversity Diversity and Inclusion Standards (D&I) Dodd-Frank Financial Services Industry Mortgage Bankers Association Mortgage Lenders Residential Real Estate Market Women-Owned Businesses

Pa. Superior Court Affirms Punitive Damage Award in Breach of Noncompetition Agreement

The Pennsylvania Superior Court has affirmed a lower court ruling that assesses punitive damages against several individuals and their new employer resulting from their en masse departure from a previous firm and, in the...more

9/22/2016 - Breach of Contract Contacts List Corporate Counsel Non-Compete Agreements Non-Solicitation Agreements Punitive Damages Recruitment Policies Resignation Termination Trade Secrets

Ballard Spahr Partner Dee Spagnuolo Joins CFPB OMWI Director on Panel at ABA Meeting

Ballard Spahr Partner Dee Spagnuolo joined Director Stuart Ishimaru of the CFPB’s Office of Minority and Women Inclusion and other industry leaders for the panel discussion "Diversity and Dodd-Frank Section 342," on September...more

9/19/2016 - American Bar Association (ABA) CFPB Disabled Diversity Diversity and Inclusion Standards (D&I) Dodd-Frank Financial Institutions Financial Sector FOIA LGBT Minority-Owned Businesses OMWI Veterans Women-Owned Businesses

Ballard Spahr partner Dee Spagnuolo joins CFPB OMWI Director on panel at ABA meeting

Members of Ballard Spahr’s Consumer Financial Services group recently participated in the American Bar Association Business Law Section Annual Meeting held in Boston, Massachusetts. On September 8, Ballard partner, Dee...more

9/12/2016 - American Bar Association (ABA) CFPB Disability Diversity Diversity and Inclusion Standards (D&I) Dodd-Frank Financial Sector FOIA LGBT OMWI Veterans

Final ADA Amendments Act Regulations Expand Coverage

The U.S. Department of Justice (DOJ) has issued final regulations that expand who is covered under the Americans with Disabilities Act (ADA). The new regulations go into effect on October 11, 2016. In issuing the final...more

8/19/2016 - ADA Disability Discrimination DOJ EEOC New Regulations Public Accommodation Title I Title II Title III

Financial Regulators Issue FAQ Guide on Diversity Self-Assessments

Regulated entities should be aware that on August 2, 2016, the Federal Reserve, Office of the Comptroller of the Currency, and the Federal Deposit Insurance Corporation published a "Frequently Asked Questions" (FAQ)...more

8/9/2016 - Diversity Financial Services Industry Hiring & Firing Race Discrimination Self-Evaluations

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

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