Final Rules

News & Analysis as of

CCRs Dodge a Hazardous Waste Bullet: EPA Regulates under RCRA Subtitle D

On Friday, EPA finally released its final rule regulating coal combustion residuals. Facility owners breathed a sigh of relief, as EPA chose to regulate under Subtitle D of RCRA, rather than under the cradle-to-grave...more

EPA Issues Final Rule Revising RCRA Definition of Solid Waste

On December 10, 2014, EPA Administrator Gina McCarthy signed a final rule revising the Definition of Solid Waste (DSW) under the Resource Conservation and Recovery Act (RCRA). The 500 plus page-long rule should be published...more

Court Vacates Imminent Bar To Third-Party Employer's Claiming Companionship/Live-In Domestic Exemptions

We have reported that the U.S. Labor Department's changes in its regulatory provisions affecting the federal Fair Labor Standard Act's Section 13(a)(15) "companionship" exemption and the FLSA's Section 13(b)(21) overtime...more

A Happy New Year Is in Store for Unions: Organizing Just Got Simpler

Beginning April 14, 2015, a new National Labor Relations Board (“NLRB”) rule will take effect, implementing an accelerated election process, or “quickie elections,” and making it easier for unions to organize unrepresented...more

Coal in Your CLO Stocking: U.S. Risk Retention Effective Date

The federal regulatory agencies responsible for implementing regulations under The Dodd-Frank Wall Street Reform and Consumer Protection Act finalized rules for risk retention requirements in CLO transactions (the “Final...more

Monumental Change Announced for Alaska Native Tribes—BIA will Allow Alaskan Land to be Taken into Trust

On December 19, 2014, the Bureau of Indian Affairs announced the promulgation of a final rule that will allow land to be taken into trust for federally-recognized tribes in Alaska. Allowing trust lands in Alaska is a seismic...more

CMS Proposes Financial Revisions to MSSP to Encourage Continued and Expanded Participation

Many critics have suggested that the November 11, 2011 final rule establishing the MSSP created a financial model that over time would not be sustainable. ACOs viewed the requirement to take risk after the initial three years...more

NLRB Makes Two Big Changes That Will Affect All Employers: Lifting the Ban on Using Company Computers for Union-related...

Does Your Email Policy Run Afoul of the New Rule? - If your email policy says that your computer systems exist to facilitate company business and therefore “all such equipment and access should be used for business...more

CMS Issues Additional Sunshine Act Guidance With Respect to Payments to Speakers at Continuing Medical Education Events

In a final rule published in the Federal Register on November 13, 2014, the Centers for Medicare and Medicaid Services (CMS) eliminated the federal Sunshine Act reporting exclusion for payments to physicians at continuing...more

EPA Withdraws Direct Final SNUR for Functionalized Carbon Nanotubes (Generic)

According to a Federal Register notice scheduled for publication on December 23, 2014, the U.S. Environmental Protection Agency (EPA) is withdrawing several direct final significant new use rules (SNUR) promulgated on October...more

NLRB Issues Quickie Union Election Rules

The National Labor Relations Board has issued final rules that are intended to speed up the union election process. These new rules will take effect on April 14, 2015. Read more about the final rule in the Federal Register. ...more

National Marine Fisheries Service Lists Five Species of Sawfish as Endangered

The National Marine Fisheries Service (Service) recently published its final rule listing five species of sawfish as endangered under the Endangered Species Act (ESA). The final rule contains the Service’s determination that...more

Veterans Choice Program Expanded in Interim Final Rule by the Department of Veterans Affairs

On November 5, 2014, the Department of Veterans Affairs (the “VA”) released its interim final rule (“Interim Final Rule”) regarding the Veterans Choice Program (the “Program”), allowing eligible veterans to elect to receive...more

EPA Significantly Revises Regulations Affecting Hazardous Materials Recyclers

On December 10, 2014, EPA released a prepublication version of its long-awaited final rule revising regulations affecting hazardous materials recyclers under the Resource Conservation and Recovery Act (“RCRA”). The rule,...more

What Employers Should Know About NLRB's New "Quickie Election" Rules

On December 12, 2014, the National Relations Labor Board (NLRB) announced new rules for the handling of union organizing petitions that will become effective in April 2015. The NLRB's publication explaining the changes and...more

EPA Revisions to Definition of “Solid Waste” Change the Regulatory Landscape for Hazardous Recyclable Materials

On December 10, 2014, the Administrator of the U.S. Environmental Protection Agency (“EPA” or the “Agency”) signed a final rule revising the definition of “solid waste” for purposes of the federal hazardous waste regulatory...more

Companies Seeking to Remain Union Free Must React to New NLRB Rules

On December 12, 2014, the National Labor Relations Board (NLRB) issued its long anticipated “quickie” election rules. These rules, which will govern the procedures for union representation elections going forward, will become...more

How NLRB's New ‘Quickie Election' Rule Strengthens Unions' Positions

On December 12, 2014, by a 3-2 party-line decision, the National Labor Relations Board (“NLRB” or the “Board”) issued a final rule, which if implemented will drastically truncate union election procedures. Such changes are...more

EPA Regulates Coal Combustion Residuals as Solid Waste and Retains Exclusions for Beneficial Use

Today EPA issued a final rule regulating coal combustion residuals (CCR) as solid waste under Subtitle D of the Resource Conservation and Recovery Act (RCRA). This ends years of speculation regarding whether EPA might decide...more

The NLRB Shakes Things Up: Purple Communications and the Board’s New “Ambush” Elections Rule

The National Labor Relations Board (NLRB) made waves last week in two highly controversial maneuvers: first, its long-awaited decision in Purple Communications, Inc., which reversed long-standing NLRB precedent and held that...more

NLRB Adopts Expedited Union Election Procedures - Differing Views on the Shortened Time Frame and Other New Procedures Reflect the...

Effective April 14, 2015, the long-standing election procedures to resolve questions concerning union representation will be truncated to facilitate what a number of commentators critical of the changes refer to as "ambush...more

OFCCP Seeks Comments on Final Rule Prohibiting LGBT Discrimination

On December 3, 2014, the Office of Federal Contract Compliance Programs (OFCCP) announced its Final Rule implementing Executive Order (EO) 13672 prohibiting federal government contractors and subcontractors from...more

CMS Proposes Sharing More Data With ACOs Participating in the Medicare Shared Savings Program

CMS may be ready to ramp up the data it is willing to share with Accountable Care Organizations (“ACOs”) that participate in the Medicare Shared Savings Program (“MSSP”). CMS explained in the November 2011 final rule...more

NLRB Issues Final Rule On "Quickie Elections": What Employers Can Expect, and How to Prepare

As we alerted you last week, on Monday the National Labor Relations Board published its long-awaited final rule on so-called "quickie" or "ambush" elections. The final rule is similar, but not identical, to a prior Board...more

NLRB Reverses Course and Creates Presumptive Right For Employees to Use Employers’ Email Systems for Union Organizing

Earlier this month, the National Labor Relations Board (NLRB) held that employees who are given access to employer email systems for work purposes are now presumptively permitted to use those systems for certain union...more

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