Complaint Procedures

News & Analysis as of

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

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

Maine Human Rights Commission Amends Complaint Procedures

Any employer that has ever been part of a Maine Human Rights Commission investigation has learned firsthand that the process can be long, frustrating and often-times unfair. Due to chronic understaffing at the Commission, the...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

New EEOC Report Identifies Common Errors by Federal Agencies in Dismissing Discrimination Complaints on Procedural Grounds

One-Third of Agency Dismissals Are Reversed and Remanded by EEOC - WASHINGTON - As part of its continuing efforts to improve the federal sector complaint process, the U.S. Equal Employment Opportunity Commission (EEOC)...more

Time Is Running Out to Complain About the Complaint Portal

The CFPB maintains a public Consumer Complaint Database through which consumers may file complaints regarding financial services and products (commonly referred to as the “Complaint Portal”). The CFPB currently discloses...more

Industry trade groups seek more time to comment on CFPB proposal to disclose consumer complaint narratives

Five prominent industry trade groups have sent a letter to the CFPB asking for at least 90 days to comment on the CFPB’s proposal to expand the complaint data that it publicly discloses in its Consumer Complaint Database to...more

CME Launches Website Links for Complaints and Self-Reports

CME Group’s website has added hyperlinks that allow persons to file complaints or self-report potential rule violations. ...more

Complaint Management Lessons From Dr. Seuss

To paraphrase a poem by the great Dr. Seuss, Oh, the places they’ve been. Oh, the places they’ll go! Consumer complaint management has been top of mind for the Consumer Financial Protection Bureau since the agency opened its...more

Court Declines To Apply Rule 9(b) To Section 25401 Claim

A complaint alleging securities fraud under Rule 10b-5 must meet the stringent pleading requirements of Rule 9(b) of the Federal Rules of Civil Procedure as well as the requirements of the Private Securities Litigation Reform...more

EEOC Seeks Public Comment on Revised Management Directive Improving Federal Sector Complaint Process

WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) has announced that it is seeking public comment on significant revisions to Management Directive 110 (MD-110), which provides federal agencies with EEO...more

When is a ‘claim’ not a ‘claim – when it is a defence?

In the recent case of Austcorp Project No 20 Pty Ltd v LM Investment Management Ltd, in the matter of Bellpac Pty Ltd (receivers and managers appointed) (in liq) (No 2) [2014] FCA 44, the Federal Court was called upon to...more

OFCCP Seeks Comments On Discrimination Complaint Form

OFCCP is seeking public comment its form for individual complaints of discrimination and retaliation. An employee or applicant of a federal contractor may file a complaint of discrimination or retaliation with the OFCCP. The...more

Federal agencies launch new servicemember higher education complaint process

Servicemembers now have more channels for submitting complaints relating to their higher education. In addition to their ability to submit complaints about student loans via the CFPB’s complaint system, servicemembers using...more

CFPB Website Makes it Simple to Lodge Formal Complaints

In an apparent effort to help consumers feel that their grievances are being heard, the CFPB features a prominent portal on their website that allows consumers to lodge official complaints against mortgage servicers. A quick...more

DHS TRIP: When to Submit a Report

Often times, we receive calls from clients who routinely find themselves in secondary inspection for no apparent reason when they enter the United States. In many cases, they have been incorrectly “flagged” by the Department...more

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