Complaint Procedures

News & Analysis as of

New Year’s Resolution: Internal Investigation Tips For Retail Employers

The first time you learn of an employee’s complaint probably isn’t the day your company is served with a lawsuit. In most cases, the alleged victim complains to the company first. While an initial internal complaint provides...more

Foreign Proceedings Do Not Trigger § 315(b) Time Bar - Micron Tech. Inc. v. Mass. Institute of Tech., et al.

Clarifying the meaning of “complaint” for purposes of the 35 U.S.C. § 315(b) one-year time bar for instituting an inter partes review (IPR), the Patent Trial and Appeal Board (PTAB or Board) concluded that a proceeding in a...more

OCC determines FCA failure to investigate

OCC has published its findings in relation to a complaint against FCA. It found that FCA failed to investigate a complaint that consumers may have suffered detriment as a result of unauthorised and unqualified call handlers...more

Court rules informal complaint about overtime could be basis of FLSA retaliation claim

The number of overtime and minimum wage claims against employers under the Fair Labor Standards Act (FLSA) continues to rise, and with that rise comes the risk of FLSA retaliation claims. As a new case from the Tenth Circuit...more

Department of Education invites comments on new complaint online system

The Department of Education has published a notice in the Federal Register inviting comments on its plans to create a new Web site by July 1, 2016 for students and borrowers to file complaints about federal student loans. The...more

FOS consults on plans and budget for 2016/2017

FOS is consulting on its proposed plans and budget for the next financial year (2016/2017). FOS also published an update on the figures for the current financial year (2015/2016). FOS plans to...more

FOS consults on PPI complaint changes

FOS is consulting on possible changes to the time limits for PPI complaints. The change would mean that prospective complainants will have to submit their PPI complaint by a specific date, or lose the right to have their...more

FSCC publishes response to arrears charges complaint

FSCC has responded to a complaint regarding charges on credit payments in arrears that were calculated as a percentage of the sum to be recovered, rather than on the basis of the actual cost of recovery as it should have...more

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

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