CFPB's Flatland Fee by Jonathan Foxx on 5/24/2012 Kicked in the gut by a "flat fee" proposal, the already winded mortgage industry seems to be barely able to catch its breath from the CFPB's recent lurching toward yet another vaguely expected and somewhat ill-defined...more
Best Practices for Plan Fiduciaries: The New 408(b)(2) Service Provider Disclosure Regulation by Ballard Spahr LLP on 5/23/2012 Employers that sponsor section 401(k), 403(b), and other types of retirement plans rely on third parties to conduct the day-to-day administrative functions of these plans. Investment managers, record-keepers, consultants, and...more
Employment Law Commentary: Unpaid Internships: A Prevalent Practice Called into Question -- Volume 24, No. 5 May 2012 by Morrison & Foerster LLP on 5/23/2012 An unpaid internship for a college student has almost become a rite of passage. Many advocates, however, charge that unpaid internships are just a form of unpaid labor, regardless of the benefits enjoyed by students and...more
Department of State Releases June 2012 Visa Bulletin by Morgan Lewis on 5/23/2012 Immigrant visas have become unavailable for Indian and Chinese nationals in the EB-2 category; DOS indicates that it may be necessary to establish a cutoff date for the EB-1 category. The U.S. Department of State (DOS)...more
Proposed New York Regulations Would Limit Executive Compensation by Mintz Levin - Employment, Labor & Benefits on 5/23/2012 On May 16th, Governor Cuomo announced the issuance of proposed regulations by several New York State agencies which limit administrative costs and executive compensation for entities receiving State funding or...more
Under FEHA, Partner Can Sue Partnership For Retaliating Against Her For Opposing Sexual Harassment of An Employee by Barger & Wolen on 5/23/2012 Liability for prohibited “employment practices” under the California Fair Employment and Housing Act (FEHA) generally requires the existence of an employment relationship. In a discrimination case, for example, there must...more
EEOC Guidance Places Limits on Employers' Use of Conviction Records by Pierce Atwood LLP on 5/23/2012 Last month the Equal Employment Opportunity Commission (EEOC) issued enforcement guidance regarding when and how an employer may rely upon criminal background information without running afoul of Title VII. Although Title...more
Seventh Circuit Jumps Ahead of SCOTUS, Rules Pharmaceutical Sales Reps Exempt from Overtime—Jackson Lewis’ Noel Tripp [Video] by LXBN on 5/23/2012 Though the Seventh Circuit Court of Appeals’ Schaefer-Larose v. Eli Lilly & Co and Supreme Court’s recently-heard Christopher v. SmithKline Beecham Corp. aren’t the exact same, they come down deciding the same crucial issue:...more
8th Circuit — Defining the “Regular Occupation,” and the Language Needed to Confer Discretion by Lane Powell PC - ERISA Law on 5/23/2012 We all know that ERISA disability claim decisions can hinge on the definition of the claimant’s “regular occupation” or “own occupation.” But how do you define a claimant’s “regular occupation”? Must you use the...more
Fiscal Year 2013 H-1B Cap Update by Duane Morris LLP on 5/23/2012 As of May 18, 2012, 42,000 H-1B cap-subject petitions were received by U.S. Citizenship and Immigration Services. Additionally, 16,000 H-1B petitions with advanced degrees have been received. It is important to note that up...more
Second Circuit = The Avengers? Judges Create Alter Ego Liability by Pullman & Comley, LLC on 5/23/2012 Alter egos are all the rage right now with The Avengers well on its way to becoming one of the most popular movies of all time. Hearing about a new case out of the Second Circuit, it would be easy to conclude the Court...more
H-1B Demand Continues to Be Very Strong: File Soon for Oct. 1, 2012 Start Date by Davis Wright Tremaine LLP on 5/23/2012 Today, USCIS announced that as of May 18, 2012, it had received 42,000 of 65,000 Regular Cap petitions and 16,000 of 20,000 U.S. Master’s Cap petitions. Universities, nonprofit research centers, and certain related entities...more
Court Issues $35M Award Against Plan Fiduciaries for Excessive Fees by Reed Smith on 5/23/2012 A recent decision, Tussey v. ABB, Inc., 2012 WL 1113291 (W.D. Mo. 3/31/2012), has drawn much attention in the retirement plan community. In Tussey, a U.S. District Court found that ABB, Inc., along with several of the...more
Airline Industry Legal Alert: NMB Announces Public Hearing on Proposed Rule Implementing RLA Amendments Which May Eliminate... by Ford & Harrison LLP on 5/23/2012 Executive Summary: On May 22, the National Mediation Board (NMB) announced that it will hold a public hearing on June 19, 2012, and invited interested persons to share their views on its proposed rule changes relating to the...more
Major Changes in Routine Handbook Policies Required by Davis Wright Tremaine LLP on 5/23/2012 A spate of recent decisions by the National Labor Relations Board (NLRB) has invalidated routine policies like those found in most employee handbooks. The Acting General Counsel of the NLRB has also signaled that he will give...more