Complaint Procedures

News & Analysis as of

Worth the Wait? After Thirty-Six Years, the Washington Utilities and Transportation Commission Takes Comprehensive Action on Pole...

On October 21, 2015, the Washington Utilities and Transportation Commission (“WUTC”) adopted a comprehensive set of pole attachment rules (hereinafter “Pole Attachment Rules”), following a year-and-a-half-long rulemaking and...more

UK FCA to Consult on Introducing PPI Complaints Deadline

On October 2, 2015 the UK Financial Conduct Authority (FCA) published an announcement that it has decided to consult, by the end of the year, on the introduction of a deadline by which consumers would need to make their PPI...more

A Quick Update on Speedy Election Rules (Hint: The Predictions Have Come True — Somewhat)

The National Labor Relation Board’s new election procedures became effective April 14, 2015. You may recall that the new rules were largely designed to shorten significantly the time between a union’s filing of a petition for...more

#damonsplaining — Matt Damon can do it, but you can’t

Actor Matt Damon sure has had an up and down past few weeks. First, Damon made some questionable comments on HBO’s Project Greenlight, a documentary developed by Damon himself (along with some famous friends including buddy...more

Commission Federal Sector Appellate Decisions to Use Randomly Generated Names

WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today announced a change in the Commission's practices with respect to federal sector appellate decision captions. Beginning on Oct. 1, 2015, all...more

DBIS makes SBEEA commencement regulations

DBIS has made the second set of commencement regulations under the Small Business, Enterprise and Employment Act 2015 (SBEEA). The provisions coming into force include an amendment to section 87 of the Financial Services Act...more

The CHRO Complaint Process Needs A Reboot

Lately, I’ve been hearing a lot of complaints about the Connecticut Commission on Human Rights & Opportunities from both attorneys and clients. And I’ve come to one conclusion: The CHRO Complaint Procedure needs a...more

Taking The “Due” Out of Due Process – OSERS and Compliance Complaints

During a brief altercation in Dashiell Hammett’s classic novel, The Maltese Falcon, the protagonist, Sam Spade, warns one of his antagonists that “when you’re slapped, you’ll take it and like it.” That is much the same...more

5 Ways Employers Can Spend A Lot Less Time In Court

“An apple a day keeps the doctor lawyer away.” Here are five easy and inexpensive things that employers can do to minimize their risk of being sued and maximize their chances of victory if they do get sued. None of these...more

OFCCP Expands The Available Languages For Its Complaint Form

On August 3, 2015, the Office of Federal Contractor Compliance Programs (“OFCCP”) released its employment discrimination complaint form in five additional languages. The complaint form, which is available on OFCCP’s website,...more

CFPB issues financial guides for new immigrants

The CFPB recently announced that it has developed “the Newcomer’s Guides to Managing Money to provide recent immigrants with straightforward information about basic money decisions.” According to the CFPB, each guide...more

Alert: California Approves Pathway for Non-Profit Institutions to Maintain Exemption from State Oversight

Governor Jerry Brown has now signed into law Senate Bill 81, which included language amending the California Private Postsecondary Education Act of 2009 (the "Act") to permit "independent institutions of higher education"...more

Workplace Investigations

If you are an employer or HR professional and have not had to conduct a workplace discrimination investigation, consider yourself lucky, or possibly naïve. At some point every employer will be confronted with the employee...more

“Enough is Enough” – Governor Cuomo Signs Campus Sexual Assault Legislation

On July 7, 2015, New York Governor Andrew Cuomo signed into law legislation to combat sexual assault on both public and private college campuses throughout New York. With a few exceptions, the provisions in the law will take...more

New York State Passes Campus Sexual Assault Law

On June 17, 2015, the New York State Legislature passed legislation governing how colleges and universities address sexual assault, dating violence, domestic violence and stalking. The governor is expected to sign it...more

The ECF System Ate My Homework: Seventh Circuit Pardons Tardy Lawyer

Can a complaint be “filed” before the “filing process” is completed? Actually, yes, according to Farley v. Koepp, No. 14-1695, a recent decision from the Seventh Circuit written by Judge Sykes. Here is the scene: Late on...more

Alert: Recent Developments on State Authorization at Department of Education and in California

The US Department of Education ("ED" or "the Department") has decided against an earlier plan to send letters to every institution believed to be out-of-compliance (or rather, located in a state that is considered...more

Back from the Dead: Procedural Changes Coming to CHRO and New Protections for Domestic Workers

So in a post earlier on Friday, I recapped most of the employment law legislation that passed — except one. That bill, Senate Bill 446, was titled “AN ACT CONCERNING THE DEFINITION OF THE TERM “DOMESTIC WORKER”. ...more

California District Court Holds that Internal Tipsters Are Protected Under Dodd-Frank

On May 5, 2015, in Somers v. Digital Realty Trust Inc., No. C-14-5180, the U.S. District Court for the Northern District of California held that an internal complaint of an alleged securities law violation is sufficient to...more

OSERS Issues New Guidance Regarding State and Due Process Complaints

The U.S. Department of Education’s Office of Special Education and Rehabilitative Services (OSERS) has issued new guidance in response to concern that some public agencies are filing due process complaints concerning the same...more

Oral Complaint to Supervisor Can Support FLSA Retaliation Claim, Says Second Circuit

On April 20, 2015, the Second Circuit overruled its existing precedent and held that oral complaints of FLSA violations, made internally to a supervisor, can form the basis for a retaliation claim under Section 215 of the...more

Delivery Driver Loses Harassment Claim for Failing to Follow Complaint Procedure

It's important for employees to follow company policy, but it's even more important for employers to have those policies in the first place. In this case, the Fifth Circuit dealt a harsh blow to an employee who complained,...more

EEOC Seeks to Improve Federal Sector Equal Employment Opportunity Complaint Process

WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) has issued an advance notice of proposed rulemaking (ANPRM) on the equal employment opportunity (EEO) complaint process in the federal sector, the agency...more

FCA Complaints Review May Impact FCA-Authorized Investment Firms

On November 17, the UK Financial Conduct Authority (FCA) published a report setting out its findings pursuant to a review it carried out earlier in the year into FCA-regulated firms’ complaint handling arrangements. The FCA...more

News groups oppose opt in for CFPB’s proposed disclosure of complaint narratives

While industry continues to voice its opposition to the CFPB’s proposal to publicly disclose consumer complaint narratives, some news groups think the CFPB’s proposal doesn’t go far enough. ...more

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