News & Analysis as of

Administrative Authority

Will This Term of Wisconsin’s Supreme Court Be the Last for Agency Deference in Wisconsin?

by Foley & Lardner LLP on

Justice Neil Gorsuch’s confirmation process earlier this year brought attention to the issue of agency deference, given a concurring opinion that he had written in Gutierrez-Brizuela v. Lynch, 834 F.3d 1142, 1149 (10th Cir....more

Consolidating labor-employer discussions - draft executive orders published

by DLA Piper on

On 31 August 2017, the administration revealed the five draft executive orders issued pursuant to the law authorizing consolidation of labor-employer discussions, which the Constitutional Council (Conseil d’état) upheld with...more

ED Rebukes CFPB “Abuse” with Termination of MOUs, Announces Expansion of Internal Oversight

by Ballard Spahr LLP on

The Department of Education (ED) recently delivered a letter to the Consumer Financial Protection Bureau (CFPB) providing notice of its intent to terminate the Memoranda of Understanding (MOUs) between the agencies. The...more

Another sign that Richard Cordray will resign soon, perhaps next week?

by Ballard Spahr LLP on

We have previously blogged about two upcoming events that have led to speculation that Richard Cordray is about to resign as Director of the CFPB. The first event is a speech he is giving in Cincinnati, Ohio at a Labor Day...more

New Water Law in Poland

by Dentons on

The Water Law Act dated 20 July 2017 was published in the Polish Journal of Laws on 23 August 2017....more

Cordray's Departure Will Mean Big Changes at the CFPB

by Pepper Hamilton LLP on

One of two scenarios will likely occur in the near future at the CFPB. Either Director Richard Cordray will be fired by President Trump (for cause), or Cordray will resign to enter the 2018 Ohio gubernatorial race. If either...more

Employers’ right to keep employee tips

by McAfee & Taft on

A recent decision by the federal appeals court that covers Oklahoma ruled that employers are not required to share customer tips with employees who are already receiving wages at or above the minimum wage amount....more

DOL back at it: FLSA ‘white collar’ exemption salary threshold likely to increase

by McAfee & Taft on

Last year was a busy year for employers. Many conducted internal audits and went through intense planning to comply with new U.S. Department of Labor overtime regulations that were to take effect December 1, 2016. Those 2016...more

FCA Deeper Dive: Judicial Review of Settlements

by Bass, Berry & Sims PLC on

The FCA continues to be the federal government’s primary civil enforcement tool for investigating allegations that healthcare providers or government contractors defrauded the federal government. In the coming weeks, we...more

What Ever Happened to the Department of Labor’s New Overtime Rule?

by Foley & Lardner LLP on

As our readers may recall, last year we devoted a good amount of time addressing the Department of Labor’s (DOL) final rule on overtime exemptions. Under that rule, which was supposed to go into effect on December 1, 2016,...more

In the Latest Episode of The Overtime Rule Soap Opera: DOL Tells Fifth Circuit It Will Revise Obama-Era Overtime Rule – But Not...

Last week, lawyers for the federal government told an appeals court that the Department of Labor plans to revise the currently-blocked overtime rule issued during the Obama administration last year.   But it won’t do so, it...more

LabMD – FTC Face-Off Continues Over FTC’s Data Privacy Authority

by Patrick Law Group, LLC on

The U.S. Court of Appeals for the Eleventh Circuit recently heard oral arguments in LabMD, Inc. v. Federal Trade Commission, the long-running dispute over the FTC’s authority to impose liability for data security breaches...more

California Taxing Agency Set for Major Overhaul - The State Board of Equalization will cease to administer most existing taxes,...

The Taxpayer Transparency and Fairness Act of 2017 (AB 102[1]) was signed by California Governor Jerry Brown on June 27, 2017, as part of the state budget process. The legislation makes sweeping changes to California tax...more

Bill introduced to give CFPB SCRA enforcement authority

by Ballard Spahr LLP on

A group of Democratic Senators have introduced a bill, the “Military Consumer Protection Act” (S. 1565), that would amend the Consumer Financial Protection Act (CFPA) to include various sections of the Servicemembers Civil...more

WPI Insider Briefing: What Will the Second Hundred Days of the Trump Administration Hold?

by Littler on

From the workplace policy perspective, much of the focus of the first 100 days of the Trump administration was on confirming a new Secretary of Labor and reversing the Obama administration’s labor and employment agenda....more

Riverkeeper Groups Still Seeking to Remove ADEM Authority over NPDES Permits

In a continuation of an ongoing battle, seven environmental groups (Cahaba Riverkeeper, Choctawatchee Riverkeeper, Friends of Hurricane Creek, Black Warrior Riverkeeper, Friends of the Locust Fork River, Alabama Rivers...more

D.C. Circuit Concludes Again That FERC Has the Authority to Correct Its Own Errors

On May 19, 2017, the U.S. Court of Appeals for the D.C. Circuit issued a decision in TNA Merchant Projects, Inc. v. Federal Energy Regulatory Commission (FERC or the “Commission”),1 holding that FERC has the authority to...more

Indecent Proposals: Tenants giving notice of intention to appoint administrators

by Hogan Lovells on

It has long been a bone of contention for landlords that tenants can simply file a notice of intention to appoint administrators in order to get an automatic moratorium against any enforcement action. This prevents a...more

Professional Regulatory Alert: Supreme Court of Canada Confirms Regulators Have Broad Authority and Discretion to Fulfill Mandate

by Field Law on

In its recent decision of Green v. Law Society of Manitoba, 2017 SCC 20, the Supreme Court of Canada confirmed that professional regulatory organizations will be granted deference when they enact general rules or bylaws to...more

How Will the Trump Administration Impact Healthcare Litigation?

Editor's Note: In a dramatic conclusion to the heated debate surrounding the American Health Care Act (AHCA), the bill was withdrawn after it became clear that House leadership did not have enough votes to pass it. There is...more

Supreme Court Invalidates Action taken by Former NLRB General Counsel

by Franczek Radelet P.C. on

The National Labor Relations Board’s General Counsel is an important position. The General Counsel is, among other things, the NLRB’s chief prosecutor and sets the Agency’s prosecutorial agenda. The GC is appointed by the...more

New Administrative Penalties Against Individuals and Private Companies as Part of Mexico's Fight Against Corruption

by White & Case LLP on

On July 19, 2017, Mexico's new General Law on Administrative Accountability will take effect, imposing serious penalties on individuals and private companies that violate it, and requiring companies to adopt and implement...more

Trump May Not be the Only Catalyst for Administrative Reform

by Bryan Cave on

In the past few months, there has been a lot of speculation regarding the future of many administrative agencies under Trump’s administration. However, two current cases pending in the D.C. Circuit have the potential to have...more

OSHA Penalties Keep Changing, But the OSH Act Remains the Same: Were OSHA’s Recent Penalty Increases Valid?

by Fisher Phillips on

Federal OSHA increased its maximum penalties last summer for the first time since 1990. The increase occurred pursuant to a new law requiring federal agencies to adjust penalties to account for inflation. However, the OSH...more

SEC Reportedly Centralizing Authority to Issue Formal Investigation Orders

According to a report in the Wall Street Journal, the acting Chairman of the Securities and Exchange Commission has centralized authority to issue formal orders of investigation – a critical authority that triggers the...more

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