News & Analysis as of

Interpretive Opinions

This Week In Securities Litigation

by Dorsey & Whitney LLP on

The Commission became a cybersecurity headline this week, not for brining a case or writing a rule in the area but for an intrusion into its systems. The Chairman issued a statement on the subject....more

Ninth Circuit Deviates from Guidance and Other Authority on Tip Credits

by Foley & Lardner LLP on

We have previously discussed how the Department of Labor (DOL) often issues guidance to assist employers in applying and complying with the DOL’s various regulations. The federal courts generally follow this guidance when...more

Hospitality Employers Beware: Confusion of the Use of the Tip Credit Persists

by Holland & Knight LLP on

• The Ninth Circuit recently rejected federal Department of Labor (DOL) interpretive guidance that banned employers from using the federal tip credit for time spent on non-tip-generating activities if those tasks exceed 20...more

Corporate and Financial Weekly Digest - Volume XII, Issue 33

SEC/CORPORATE - SEC Division of Corporation Finance Issues New and Updated C&DIs on Omission of Financial Information from Draft Registration Statements - Since the adoption of the Fixing America’s Surface...more

Updates in Federal Employment Law

by White & Case LLP on

No-Recording Policies at Work Must Be Limited - On June 1, 2017, the United States Court of Appeals for the Second Circuit held in Whole Foods Market Group, Inc. v. National Labor Relations Board that the federal National...more

Department of Labor withdraws joint employer guidance

by McAfee & Taft on

A joint employer relationship can arise in circumstances where an individual performs work for two entities that share control over how that individual performs his/her work. Although joint employment relationships are most...more

Trump Department of Labor Continues to Chip Away at Obama Wage & Hour Efforts - WHD Interpretive Guidance on Joint Employer and...

by Foley & Lardner LLP on

On Wednesday, June 7th, the U.S. Department of Labor (DOL) withdrew two highly provocative interpretive guidance letters issued under President Obama’s administration. The two letters, issued by the Wage & Hour Division (WHD)...more

Department of Labor Withdraws Informal Guidance on Joint Employment and Independent Contractors

by Perkins Coie on

On June 7, 2017, U.S. Secretary of Labor Alexander Acosta announced the withdrawal of the U.S. Department of Labor’s 2015 and 2016 informal guidance on joint employment and independent contractors...more

SuperVision Today - June 2017

Editor's Note - Welcome to the second quarter edition of SuperVision, the e-newsletter of Spilman Thomas & Battle's Labor & Employment Group. The look of SuperVision may have changed, but the goal remains the same: to...more

USDOL Withdraws Independent-Contractor, Joint-Employment "Administrator Interpretations"

by Fisher Phillips on

The U.S. Department of Labor announced today that it has withdrawn: - Administrator Interpretation No. 2016-1, entitled "Joint Employment under the Fair Labor Standards Act and Migrant and Seasonal Agricultural Worker...more

Dawn Of A New Day? Labor Department Withdraws Obama-Era Guidance On Misclassification, Joint Employment

by Fisher Phillips on

In a welcome development for employers, Secretary of Labor Alexander Acosta announced today that the U.S. Department of Labor (USDOL) was immediately withdrawing guidance published during the Obama administration that had...more

SEC Staff Clarifies Application of 1940 Act Section 22(d) to Brokers Selling Clean Shares of Mutual Funds

by Dechert LLP on

In response to a request for interpretative guidance, the U.S. Securities and Exchange Commission staff (staff) advised on January 11, 2017 that Section 22(d) of the Investment Company Act of 1940 does not prevent a broker...more

DOL Updates Guidance on Proxy Voting by Plan Fiduciaries

by McNair Law Firm, P.A. on

On December 29, 2016, the U.S. Department of Labor (the “DOL”) released Interpretive Bulletin 2016-1 (“IB 2016-1”) relating to the voting of proxies on securities held in employee benefit plans. IB 2016-1 withdraws the...more

The U.S. Supreme Court And Workplace Class Actions

by Seyfarth Shaw LLP on

Seyfarth Synopsis: As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court’s rulings have a profound impact on employers and the tools they may utilize to...more

Update on First 60-Day Case

by Baker Ober Health Law on

A settlement was reached on August 23, 2016, in U.S. ex rel. Kane v. Healthfirst, Inc., et al., No. 11 CIV. 2325 (ER) (SDNY), a little over one year after the judge in that case issued the first judicial interpretation of the...more

SEC Issues Important Non-GAAP Interpretations

by Goodwin on

Background - In recent months, senior SEC officials have repeatedly cautioned public companies about the use of non-GAAP financial measures. These include statements by SEC Chair Mary Jo White, SEC Chief Accountant James...more

China's Supreme Court and Supreme Procuratorate Issue Interpretation on Bribery Laws

by Dentons on

On April 18, 2016, the Supreme People's Court and the Supreme People's Procuratorate issued Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of...more

SEC Interpretive Guidance Permits Tacking of Rule 144 Holding Period for REIT Common Stock Acquired Upon Redemption of OP Units in...

by Morrison & Foerster LLP on

On March 14, 2016, the Staff of the Division of Corporation Finance of the Securities and Exchange Commission (the “SEC”) issued interpretive guidance (the “Guidance”) affirming that, in a traditional UPREIT structure, the...more

NFA Proposes Cybersecurity Guidance for Derivatives Traders

by McGuireWoods LLP on

On August 28, 2015, the National Futures Association (NFA) submitted a proposed interpretative notice (Notice) to the Commodity Futures Trading Commission (CFTC) to require information systems security programs (ISSPs). If...more

Federal Guidance on Independent Contractors on Its Way This Summer

Recently, Wage and Hour Division (WHD) Administrator David Weil announced that the DOL would issue an “administrator interpretation” letter early this summer on how an employer can best address whether an individual qualifies...more

"CFTC Issues Revised Embedded Volumetric Optionality Interpretation for Swaps"

On May 12, 2015, the Commodity Futures Trading Commission (CFTC) issued revised interpretive guidance for forward contracts with embedded volumetric optionality (EVO). In 2012, the CFTC and Securities and Exchange Commission...more

Texas Supreme Court Issues New Framework for Spoliation Sanctions

by K&L Gates LLP on

On July 3, 2014, the Texas Supreme Court issued an opinion intended to clarify the circumstances in which a trial court may impose sanctions for spoliation, including specifically the submission of a spoliation instruction to...more

HRSA Issues Interpretive Rule on 340B Drug Pricing Program

by Foley & Lardner LLP on

On July 21, 2014, the Health Resource and Services Administration (HRSA) within the U.S. Department of Health and Human Services (HHS) issued a new interpretive rule addressing the treatment of orphan drugs by certain...more

Supreme Court to Decide Paralyzed Veterans Doctrine

When the White House goes from a Democratic president to a Republican president, or vice versa, there are often changes in various federal agencies’ directives to reflect the priorities of the current administration. These...more

Supreme Court to Review Cases Involving Overtime Exemption for Mortgage Loan Officers

On Monday, the U.S. Supreme Court accepted review of two lower court decisions of significant importance to the banking and financial services industries. The cases involve the question of whether mortgage loan officers are...more

30 Results
|
View per page
Page: of 2
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.