Keith Anderson

Keith Anderson

Bradley Arant Boult Cummings LLP

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Bring in the TV Cameras: NLRB and D.C. Circuit Find Employees Airing Grievance in Media is Protected Activity

An employee goes on television and maligns his bosses for a new company policy with half-truths—and his bosses fire him for disloyalty. Sounds justified, right? Wrong. A National Labor Relations Board (NLRB) decision...more

9/27/2016 - Appeals AT&T Corporate Counsel DirectTV Grievance Process Hiring & Firing Labor Disputes News Stories NLRB Protected Concerted Activity Reputational Injury Subjective Standard Unfair Labor Practices Wrongful Termination

UPDATE: Deadline for OSHA Anti-Retaliation Provisions delayed to November 1, 2016

As an update to last week’s blog post [Mark Your Calendar! Deadline on New OSHA Recordkeeping Rule is Around the Corner], the initial deadline to comply with OSHA’s new anti-retaliation provisions has been pushed back from...more

7/20/2016 - Anti-Retaliation Provisions Delays OSHA Recordkeeping Requirements Reporting Requirements Workplace Injury

Mark Your Calendar! Deadline on New OSHA Recordkeeping Rule is Around the Corner

Employers should note the August 10, 2016, deadline for compliance with the anti-retaliation provisions of the Occupational Safety and Health Administration’s (OSHA) new electronic recordkeeping and reporting rules. Other...more

7/18/2016 - Anti-Retaliation Provisions Drug Testing Electronic Filing Incentives OSHA Recordkeeping Requirements Reporting Requirements Workplace Injury Workplace Safety

Defense Database for Military Status of Borrower Still a Work in Progress

Lenders and servicers seeking to comply with the Servicemembers’ Civil Relief Act (SCRA) who depend on the commonly used Defense Manpower Data Center (DMDC) database have a little more comfort now on the accuracy of their...more

7/6/2016 - Borrowers Databases Department of Defense (DOD) Lenders Military Lending Act Military Service Members Military Status SCRA

Never Forever: Indefinite Extension of Light-Duty Not Required Under ADA (Per Eleventh Circuit)

Employers evaluating ADA reasonable accommodation requests often must decide whether they have to provide extended light duty for an injured employee. In Frazier-White v. Gee, the Eleventh Circuit recently provided helpful...more

4/14/2016 - ADA Corporate Counsel Light-Duty Positions Reasonable Accommodation

Who Says Loan Underwriting is Boring and Mechanical? Sixth Circuit Rules Loan Underwriters Exempt from FLSA Regs

In the eyes of at least one Federal court, loan underwriting is not mechanical; it requires discretion and independent judgment. That point was a key factor in the Sixth Circuit Court of Appeals’ recent affirmance in Lutz v....more

3/9/2016 - Class Action FLSA Mortgage Lenders Underwriting White-Collar Exemptions

Going Rogue? OSHA Violation Defense Defused Where Supervisor and Subordinate Participate

If a supervisor engages in OSHA-violating conduct alongside a subordinate, is the company liable? The Eleventh Circuit recently affirmed an Occupational Safety and Health Review Commission (OSHRC) decision answering that...more

1/22/2016 - Bad Actors Corporate Counsel Employer Liability Issues OSHA OSHRC Safety Violations Supervisors

Proposed D.C. Law Would Allow 16 Weeks of Paid Family Leave – Will You Qualify?

The District of Columbia is proposing a drastic expansion of paid family leave which may serve as a harbinger of similar provisions in other jurisdictions. The law before the D.C. City Council would provide 16 weeks of fully...more

10/21/2015 - FMLA Paid Leave Parental Leave Pending Legislation Wage and Hour

“Opt Out” Accommodation Under Affordable Care Act Validated After Challenge from Religious Objectors

In what continues to be a controversial and developing area of employment law, a federal appellate court recently validated the Affordable Care Act’s (ACA) “opt out” provision, finding that requiring nonprofit employers to...more

8/20/2015 - Affordable Care Act Churches Contraceptive Coverage Mandate Free Exercise Non-Profits Opt-Outs Religion Religious Accommodation RFRA

Flood Insurance Regulation Update: Joint Final Rule Issued

The often challenging area of flood insurance requirements, including lender-placed insurance, has become a bit clearer for lenders and loan servicers. Five of the federal banking regulatory agencies (Federal Deposit...more

7/16/2015 - Escrow Accounts Exemptions Flood Insurance Lender-Placed Insurance Loans Mortgage Lenders Mortgages

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

4/23/2015 - Compliance Corporate Counsel Employee Rights Employer Liability Issues First Glance JPMorgan Chase Legal Perspectives Popular Young Lawyers

Should You Sharpen Your Diversity Policies & Practices under Dodd-Frank Mandates?

The much-publicized Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 became effective on August 12, 2011. Section 342 of the Dodd-Frank Act, requiring the implementation of diversity practices for both...more

4/17/2015 - Banking Sector Covered Entities Diversity Dodd-Frank EEO-1 Employer Mandates Federal Contractors Financial Institutions OMWI Recruitment Policies Reporting Requirements

Mortgage Loan Officers are Not Exempt Employees per the DOL and the Supreme Court Says that is Okay

The legal ping-pong match between the Department of Labor (DOL) and the Mortgage Bankers Association (MBA) over whether mortgage loan officers are eligible for overtime appears to be at an end. The Supreme Court recently...more

3/17/2015 - Administrative Exemption Administrative Procedure Act DOL Exempt-Employees FLSA Mortgage Loan Officer Notice and Comment Paralyzed Veterans Doctrine Perez v Mortage Bankers Assoc Rulemaking Process SCOTUS Statutory Interpretation Wage and Hour

The SCRA can be a Minefield: Recent Ninth Circuit Opinion Addresses Foreclosure Protection

On February 7, the U.S. Ninth Circuit Court of Appeals issued its opinion in Brewster v. Sun Trust Mortgage, Inc. The decision stands as a stark reminder to mortgage lenders and servicers of the importance of verifying a...more

3/3/2014 - Foreclosure Military Service Members Real Estate Market SCRA

Having a Good Document-Retention Policy

Companies that have existed for any period of time can be overwhelmed by the volume of documents they create. The amount of material and data have grown exponentially in the last few decades with the expansion of...more

8/28/2013 - Data Retention Discovery Document Retention Policies Electronically Stored Information Email Litigation Hold SEC

Dismissal of Putative Class Action Lawsuit for Alleged Violations of the Servicemembers' Civil Relief Act

In a putative class action handled by Robert Maddox, Mike Pennington, and Keith Anderson, the Northern District of Alabama recently dismissed a lawsuit for alleged violations of the Servicemembers’ Civil Relief Act (“SCRA”)....more

12/12/2012 - Credit Reports FCRA Interest Rates Loans Military Service Members Mortgages SCRA

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