Delays

News & Analysis as of

House Republicans and Trump Administration File Joint Motion to Delay Suit Challenging Obamacare Subsidies

An interesting development transpired Tuesday, February 21, 2017 in a case pending in Federal District Court in the District of Columbia that challenges subsidy payments from the Federal Treasury to support Obamacare. The...more

Court of Appeal confirms the conventional operation of extension of time provisions

The Court of Appeal in Carillion Construction Limited v EMCOR Engineering Services Limited [2017] EWCA Civ 65 has confirmed that the industry-wide practice of awarding extensions of time running contiguously from the previous...more

Fifth Circuit Grants Request to Delay Appeal on Federal Overtime Rule

The appeal regarding the validity of the federal overtime rule will not be fully briefed until May 1, 2017, according to an order issued by the Fifth Circuit on February 22, 2017, granting an unopposed request by the...more

Despite Uncertain Future of ACA, OIG Issues Final Rule Revising Permissive Exclusion Authority

On January 12, 2017, the Department of Health and Human Services (HHS), Office of Inspector General (OIG) published a final rule expanding its permissive exclusion authority while also codifying certain statutory changes made...more

Department of Labor Moves to Delay Fiduciary Rule

On Thursday, February 9, 2017, the Department of Labor (DOL) filed a notice with the Office of Management and Budget (OMB) to delay the effective date of the final Conflict of Interest Rule that re-defines who is a fiduciary...more

DOL Nominee’s Confirmation Hearing To Take Place Next Week

The confirmation hearing for Secretary of Labor-nominee Andrew Puzder before the Senate Health, Education, Labor and Pensions (HELP) committee will take place on February 16, according to Politico....more

Trump delays the fiduciary rule, but the broker-dealers lost

President Donald Trump delayed the implementation of the Department of Labor fiduciary rule by six months through a directive. While the delay is only for six months, Trump put enough hurdles that implementation of the new...more

New White House memorandum likely to result in delay of fiduciary rule

Last Friday, President Trump issued a memorandum for the U.S. Secretary of Labor that seems likely to result in the delay of key regulations issued under the Obama administration, which are currently set to become applicable...more

New York State Department of Financial Services Modifies Proposed Cybersecurity Regulations and Pushes Implementation Date Back to...

On Dec. 28, 2016, the New York State Department of Financial Services (NYDFS) published a revised version of its “Cybersecurity Requirements for Financial Services Companies” (the “Regulations”). The revised Regulations...more

New York Cybersecurity Regulation Delayed

The New York Department of Financial Services (NYDFS) will delay the effective date of their proposed cybersecurity regulation until March 1, 2017. A new draft of the proposed regulation will be published on December 28,...more

Sources Say: The DFS Will Delay Its New Cybersecurity Regulation

Yesterday, Reuters reported that the New York Department of Financial Services (“DFS”) will delay the effective date of its new cybersecurity regulation. According to a “person familiar with the matter,” the DFS will publish...more

Breaking News: Judge Says He Will Issue Ruling on November 22 Regarding DOL Proposed OT Rule!

As we reported recently, 21 States and multiple business groups have filed suit in the Eastern District of Texas seeking a delay in the implementation of the proposed OT rule set for December 1. ...more

OSHA delays enforcement of limitations on post-accident drug testing

In previous articles, we discussed the Occupational Safety and Health Administration’s (OSHA) new rule regarding the reporting of workplace injuries and illnesses. One part of the rule requires employers to...more

Delays in Canadian Immigration Online Application Filings: Technical Difficulties Persist

Seyfarth Synopsis: Immigration Refugees and Citizenship Canada’s (IRCC) electronic application processing systems have been experiencing significant technical difficulties since October 17, 2016. Consequently, there have been...more

Financial Services Quarterly Report - Third Quarter 2016: The Evolving DOL Fiduciary Rule: Impact on Mutual Fund Distribution and...

The U.S. Department of Labor (DOL) issued the final version of its “fiduciary investment advice” regulation (Final Rule) on April 6, 2016, following a lengthy proposal and re-proposal process. Although the Final Rule reflects...more

OSHA Issues “Guidance” on New Anti-Retaliation Rules – Is Employee Drug Testing Now Off The Table?

On October 19, 2016, OSHA issued guidance with respect to certain controversial provisions of its new anti-retaliation rules, originally published on May 12, 2016. As we have previously discussed, OSHA’s new rules prohibit...more

OSHA Again Delays Enforcement Date for New Workplace Injury and Illness Reporting Rule

Seyfarth Synopsis: After a lawsuit was filed against OSHA challenging its May 2016 retaliation and recordkeeping rule, OSHA again delays the rule’s effective date. OSHA announced today that it has again delayed the...more

OSHA further delays enforcement of post-accident testing ban

In a previous article, we outlined the Occupational Safety and Health Administration’s (OSHA) new final rules regarding the reporting of workplace injuries and illnesses. These rules include a substantial limitation on an...more

If Pain, Yes Gain—Part XXIII: Morristown Delays Sick Leave Law’s Effective Date

Seyfarth Synopsis: The Morristown, NJ paid sick time ordinance’s effective date has been delayed by more than three months following a mayoral executive order.  The ordinance now goes into effect on January 11, 2017....more

House Passes Bill to Delay Effective Date of Overtime Rule Change

The House of Representatives has passed a bill to delay the effective date of the new overtime rule by six months (from December 1, 2016 to June 1, 2017). ...more

Brazil eSocial Launch Is Postponed Again, But Employers Should Not Ignore It

After agonizing months of uncertainty for employers, on August 31, 2016, Brazil’s eSocial Steering Committee issued a new resolution postponing the eSocial digital bookkeeping program’s implementation deadlines, the first of...more

I-829 Delays Reach All-Time Record: Thousands of EB-5 Investors in Limbo at USCIS

On August 11, 2016, USCIS published new processing times for I-829 petitions. The news is not good for EB-5 investors. USCIS is now taking in excess of 21 months to adjudicate I-829 petitions. This means that EB-5 investors...more

Contractor’s Failure to “Strictly Comply” With Notice Provision Precludes Contract Damages Award

In the New York case of Schindler Elevator Corporation v. Tully Construction Co., Inc., 139 A.D.3d 930 (2d Dep’t 2016), the plaintiff sought recovery of additional expenses and costs it allegedly incurred as a result of...more

OSHA overreach on workplace drug testing

Responsible employers routinely test employees for the use of illegal drugs. Testing promotes safety, controls workers’ compensation costs and promotes compliance with federal regulations. Oklahoma law gives employers the...more

Looking Forward: Expedited Arbitration

The Stockholm Chamber of Commerce’s (SCC) revised draft Rules for Expedited Arbitration (the “Expedited Rules”) and the SCC’s draft Arbitration Rules (“the Arbitration Rules”) (together “the Rules”), due to come into force in...more

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