Brian D. Pedrow

Brian D. Pedrow

Ballard Spahr LLP

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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 Racial 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 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

President Obama Signs Two Executive Actions Strengthening Equal Pay Laws

Yesterday, President Obama signed two executive actions designed to strengthen equal pay laws and narrow pay disparities based on gender or race. The executive order and presidential memorandum marked National Equal Pay...more

4/10/2014 - Barack Obama Disclosure Requirements Equal Pay Executive Orders Federal Contractors Hiring & Firing Just Compensation

Firing Alcoholic Employee for Relapse Is Not ADA Violation, Third Circuit Holds

The U.S. Court of Appeals for the Third Circuit has ruled that a freight transportation company did not violate the Americans with Disabilities Act (ADA) and other antidiscrimination laws when it fired an alcoholic employee...more

11/5/2013 - ADA Drug & Alcohol Abuse Hiring & Firing Termination Wine & Alcohol

New Affirmative Action Rules Mandate Hiring Targets, Employee Surveys for Government Contractors

The Office of Federal Contract Compliance Programs (OFCCP) released revised affirmative action rules for government contractors and subcontractors affecting hiring and retention practices for veterans and individuals with...more

9/17/2013 - ADA Affirmative Action Disability Employee Retention Federal Contractors OFCCP Rehabilitation Act Veterans Vietnam Era Veterans’ Readjustment Assistance Act

Loan Officers Petition D.C. Circuit To Review Decision Regarding Overtime Exemption

Three loan officers at Quicken Loans Inc. have petitioned the U.S. Court of Appeals for the District of Columbia Circuit for en banc reconsideration of a recent ruling that invalidated U.S. Department of Labor (DOL) guidance...more

9/9/2013 - DOL Exemptions FLSA Loans Mortgage Servicers Mortgages Unpaid Overtime Wage and Hour

FMLA Coverage Extended to Same-Sex Couples

The U.S. Department of Labor (DOL) on August 9 issued a revised Fact Sheet to provide guidance on Family and Medical Leave Act (FMLA) protections for same-sex couples....more

8/15/2013 - DOL DOMA Employee Benefits Marriage Same-Sex Marriage SCOTUS Thomas Perez US v Windsor

Criminal Background Check Policies under Fire from the EEOC

The Equal Employment Opportunity Commission (EEOC) continues to crack down on allegedly discriminatory employer policies and practices involving criminal background checks....more

7/26/2013 - CFPB Criminal Background Checks Discrimination Dodd-Frank Dollar General EEOC Hiring & Firing Job Applicants Racial Discrimination TILA Title VII

D.C. Circuit Sanctions Labor Agency 'Flip-Flop' on Overtime Requirements for Mortgage Loan Officers

The U.S. Court of Appeals for the District of Columbia Circuit recently vacated a 2010 interpretation of federal wage and hour law in which the Department of Labor (DOL) had concluded that mortgage loan officers do not...more

7/10/2013 - Administrative Exemption Administrative Procedure Act DOL FLSA MBA Mortgage Loan Originators SCOTUS Wage and Hour

New York City Passes Earned Sick Time Act

New York City has become the latest U.S. city to require paid sick leave for many local private sector employees. On May 8, 2013, the New York City Council passed the Earned Sick Time Act by a 45-3 vote....more

7/9/2013 - Collective Bargaining Employee Benefits Employee Rights Employer Mandates Local Ordinance Medical Leave Sick Leave

Feds Warn Medical, Dental, and Nursing Schools about Unlawful Discrimination against Students and Applicants with Hepatitis B

Three federal agencies recently publicized a joint agency letter that was sent to schools of medicine, dentistry, and nursing and other health-related schools about what the agencies perceive as potential discrimination...more

6/20/2013 - ADA CDC Disability Discrimination Discrimination DOJ Healthcare Hepatitis B Medical School Students

NLRB Continues to Take Aim at Workplace Policies as Overly Broad

The National Labor Relations Board (NLRB) has kept its focus on workplace policies it views as overly broad with a recent decision striking down a national retailer's policy prohibiting solicitation and distribution of...more

5/8/2013 - Confidential Employer Investigations NLRA NLRB Solicitation/Distribution Policies

OFCCP Issues Guidance on Use of Criminal Records in Employment Decisions

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently posted a Directive on “Complying with Nondiscrimination Provisions: Criminal Record Restrictions and Discrimination Based on Race...more

2/13/2013 - Criminal Background Checks Criminal Records Discrimination DOL EEOC Hiring & Firing National Origin OFCCP Race Training

Recent NRLB Decision Continues To Erode Confidentiality Protection for Workplace Investigations

The National Labor Relations Board (NLRB) recently overruled its longstanding precedent that categorically protected confidential witness statements taken during internal disciplinary investigations from disclosure to a...more

1/11/2013 - Anheuser-Busch Confidential Employer Investigations NLRB Protected Concerted Activity Unions Witness Statements

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