Last Lap in SEC RILA Rulemaking Critical Unresolved Issues -
Congress directed the SEC to adopt a new registration statement for registered indexed annuities (RILAs) by the end of June. Several months ago, the SEC...more
5/29/2024
/ Artificial Intelligence ,
Broker-Dealer ,
CFTC ,
Climate Change ,
Cybersecurity ,
Disability Discrimination ,
Disclosure Requirements ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Investment Adviser ,
Investment Management ,
Life Insurance ,
NAIC ,
NLRB ,
Private Equity ,
Private Funds ,
Private Placements ,
Proposed Legislation ,
Retirement Plan ,
Securities and Exchange Commission (SEC) ,
Settlement Agreements ,
Whistleblower Protection Policies ,
Whistleblowers
The SEC has opened a new track in the whistleblower litigation derby. While SEC enforcement actions concerning whistleblower violations are nothing new, they typically involve claims that companies precluded employees from...more
The U.S. District Court for the Eastern District of Texas has issued an aggressive scheduling order that “should allow prompt resolution of” one of the initial challenges to the FTC’s noncompete ban “with sufficient time,...more
5/3/2024
/ Administrative Procedure Act ,
Competition ,
Contract Terms ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Injunctive Relief ,
Intellectual Property Protection ,
Labor Reform ,
NLRA ,
NLRB ,
Non-Compete Agreements
Regulators Hit Jackpot: Off-Channel Communications -
Several years before announcing the first “off-channel” communications enforcement action, the SEC and FINRA cautioned broker-dealers and investment advisers about...more
10/11/2023
/ Annuities ,
Artificial Intelligence ,
Best Interest Standard ,
Breach of Contract ,
Class Action ,
COBRA ,
Consumer Financial Products ,
Consumer Insurance Products ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Litigation ,
Federal Arbitration Act ,
Financial Contracts ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Services Industry ,
Health Insurance ,
Insider Trading ,
Insurance Fraud ,
Insurance Litigation ,
Insurance Regulations ,
Interlocutory Appeals ,
Investment Management ,
Life Insurance ,
Money Market Funds ,
Mutual Funds ,
NAIC ,
NLRA ,
NLRB ,
No-Action Letters ,
Non-Compete Agreements ,
NYDFS ,
Regulatory Requirements ,
Retirement ,
Robocalling ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
State and Local Government ,
Wage and Hour
The National Labor Relations Board has made a series of employee-friendly moves over the past few months that have significant adverse implications for employers, including those in the insurance and securities industries....more
10/9/2023
/ Confidentiality Agreements ,
Employee Handbooks ,
Employees ,
Employment Litigation ,
Insurance Industry ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Non-Disparagement Provisions ,
Severance Agreements ,
Wage and Hour
On August 2, 2023, in Stericyle Inc., the National Labor Relations Board abandoned the framework it had been using since 2017 to evaluate the legality of workplace rules, like those in employee handbooks. In its place, the...more
On May 30, 2023, the National Labor Relations Board’s general counsel, Jennifer Abruzzo, issued an enforcement memorandum asserting that most noncompete provisions in employment contracts and severance agreements violate the...more
Transgender athletes’ participation in school sports has been an area of focus for governing bodies like the National Collegiate Athletic Association and the Connecticut Interscholastic Athletic Conference, as well as state...more
4/10/2023
/ Biden Administration ,
Civil Rights Act ,
Comment Period ,
Department of Education ,
Education Reform ,
Educational Institutions ,
Gender Identity ,
LGBTQ ,
NCAA ,
Proposed Rules ,
Public Comment ,
Regulatory Agenda ,
School Sports ,
Sexual Orientation Discrimination ,
Student Athletes ,
Title IX ,
Transgender
On February 21, 2023, in McLaren Macomb, No. 07–CA–263041, the National Labor Relations Board held that confidentiality and nondisparagement provisions are prohibited in severance agreements where they purport to limit an...more
2/23/2023
/ Administrative Law Judge (ALJ) ,
Confidentiality Agreements ,
Employee Rights ,
Employees ,
Employer Responsibilities ,
Employment Contract ,
Employment Litigation ,
Federal Labor Laws ,
Hiring & Firing ,
New Rules ,
NLRA ,
NLRB ,
Section 8 ,
Severance Agreements ,
Unfair Labor Practices
Title IX and its regulations apply to recipients of federal funds. Most independent schools do not receive federal funds and therefore Title IX compliance has not been traditionally required....more
Connecticut has enacted a law that will, starting October 1, 2021, require employers of all sizes to disclose to employees and applicants "wage range" information. In the case of a job applicant, employers will be required to...more
If you’re like most businesses, you’re eager to reopen or return to “normal” operations as soon as possible. But before you reopen your offices and businesses—and perhaps while you have some extra time on your hands—it’s a...more
The economy is strong. Unemployment continues to hover around 4%, the lowest it has been in decades. Yet there are growing concerns that a recession is coming.
Originally published in HR Daily Advisor....more
1/8/2020
/ Dow Jones ,
Economic Downturn ,
Employee Retention ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Federal Labor Laws ,
Financial Markets ,
Harassment ,
Hiring & Firing ,
Human Resources Professionals ,
Labor Regulations ,
Layoff Notices ,
Layoffs ,
Notice Requirements ,
Policies and Procedures ,
Recessions ,
Regulatory Requirements ,
Risk Management ,
Triggering Event ,
Trump Administration ,
Unemployment ,
WARN Act
The Supreme Court granted petitions for certiorari in three lawsuits challenging the legality of arbitration agreements that bar workers from pursuing class actions. The Court consolidated the cases, Murphy Oil USA Inc., Epic...more
2/14/2017
/ Arbitration ,
Arbitration Agreements ,
Case Consolidation ,
Certiorari ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Epic Systems Corp v Lewis ,
Ernst & Young ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
Murphy Oil USA ,
NLRA ,
NLRB ,
SCOTUS
As we previously reported, the Supreme Court granted petitions for certiorari in three lawsuits challenging the legality of arbitration agreements that bar workers from pursuing class actions. The Court consolidated the...more
2/13/2017
/ Arbitration ,
Arbitration Agreements ,
Case Consolidation ,
Class Action ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young ,
Mandatory Arbitration Clauses ,
Murphy Oil USA ,
NLRA ,
NLRB ,
SCOTUS
Workers’ compensation statutes impose liability without fault on the employers of men and women who are injured on the job. They also permit employers to recoup the costs they incur from any third parties who actually caused...more
10/24/2016
/ Appeals ,
Bodily Injury ,
Construction Industry ,
Employees ,
Employer Liability Issues ,
Equitable Subrogation ,
Indemnity Insurance ,
Insurance Industry ,
Insurance Litigation ,
Workers Compensation Awards ,
Workers' Compensation Claim ,
Workplace Injury
The U.S. Department of Labor has unveiled the long-anticipated final version of its “white collar” overtime exemption rule, which becomes effective December 1, 2016. The final rule raises the minimum salary threshold...more
Internal investigations into suspected employee wrongdoing are particularly tricky for in-house counsel, who must protect corporate confidentiality, be mindful of regulatory reporting requirements, and respect labor...more
Over the summer, this blog reported on how the Supreme Court of Pennsylvania managed to parse an employer’s liability exclusion to find that it did not exclude claims by employees of additional insureds. As the leaves started...more
11/2/2015
/ Additional Insured Endorsements ,
Appeals ,
Architects ,
Benchmarks ,
Bodily Injury ,
Commercial General Liability Policies ,
Construction Contracts ,
Construction Industry ,
Contractors ,
Denial of Insurance Coverage ,
Employer Liability Issues ,
General Contractors ,
Homeowners ,
Insurance Industry ,
Negligence ,
PA Supreme Court ,
Renovations ,
Subcontractors ,
Summary Judgment
When your company uncovers evidence that an employee misappropriated trade secrets it must act swiftly. The company may want to fire the employee to protect itself from the potentially devastating consequences. But how can...more
7/28/2015
/ COBRA ,
Compliance ,
Computer Fraud and Abuse Act (CFAA) ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Human Resources Professionals ,
Misappropriation ,
Popular ,
Trade Secrets ,
Uniform Trade Secrets Acts ,
UTSA ,
Young Lawyers
Liability policies for businesses are subject to a number of common exclusions; many, for example, do not cover liability to employees of the business who are injured on the job. Frequently, those policies do provide...more
In 2011, the Board of Education of the City of Chicago laid off over 1,400 teachers and paraprofessionals, all of whom belonged to the same union. The Board chose which schools would be subject to layoffs and it was then up...more
6/15/2015
/ Board of Education ,
Class Action ,
Class Certification ,
Dukes v Wal-Mart ,
Educational Institutions ,
Employment Policies ,
FRCP 23 ,
Layoffs ,
Race Discrimination ,
Teachers ,
Tenure
IN THE SPOTLIGHT
· Is your Company Ready to Comply with Encryption of Individually Identifiable Health Information?
LIFE INSURANCE
· STOLI Schemers Must Make Good on Damages Caused
· At the State Level, Is a Fixed-Index...more
4/10/2015
Discovery of social media is often appropriately considered in any case where evidence or admissions tending to disprove the other party’s case is potentially available. Although social media has long been firmly rooted in...more
On December 11, the National Labor Relations Board (NLRB) continued to intrude into the workplace by holding that employees have a right to use their employer's email system for union organizing purposes and other "concerted...more