Recordkeeping Requirements

News & Analysis as of

If Pain, Yes Gain -- Part XVI: Winter 2016 Brings Flurry of Paid Sick Leave Activity

One area of employment law that certainly isn’t hibernating this winter is mandatory paid sick leave. Since the start of 2016, mandatory paid sick leave developments have occurred from coast to coast and include: (1) an...more

CFTC Amends Regulation 1.35

U.S. Commodity Futures Trading Commission (CFTC) Regulation 1.35 requires futures commission merchants (FCMs), retail foreign exchange dealers (RFEDs), introducing brokers (IBs) and members of a swap execution facility (SEF)...more

OSHA Is Ready for the February 1 Recordkeeping Deadline... Are You?

The deadline for OSHA’s recordkeeping requirement mandating that all covered employers post a summary (300A Summary) of its prior year’s work-related injuries and illnesses is February 1. Per the mandate, this summary must be...more

eBook Doing Business in Massachusetts: A Guide to U.S. and Massachusetts Law for Non-U.S. Businesses

This guide is intended to provide foreign business-people with an introduction to the basic kinds of laws and regulations that affect the conduct of business in the United States, and particularly in The Commonwealth of...more

Meeting OSHA's Reporting Requirements – Posting Starts February 1

Like death and taxes, the Occupational Safety and Health Administration (OSHA) can always be counted on to ratchet up enforcement efforts against employers each year. 2016 appears to be no different. The year begins with the...more

Look Before You Leap – Pitfalls and Tripwires Inherent in Government Contracting

Accepting money from the Government, whether through a contract, grant, or other transaction, does not come for free. In the commercial world, companies typically engage in a cost/benefit analysis when they make major...more

OSHA's Delay in Launching Its Web Portal Raises Concerns for the Proposed Recordkeeping Rule

At the start of 2015, the Occupational Safety and Health Administration (OSHA) made several changes to its regulations requiring employers to report certain work-related injuries and illnesses. Under the previous rule,...more

The Importance of Corporate Recordkeeping for New Ventures

So you’ve taken the plunge and started your own business venture. Now you have a shiny new corporation or limited liability company and are offering the products and services that only you can provide. Maybe you’ve hired some...more

FinCEN Targets “All Cash” Real Estate Deals in Manhattan and Miami

On January 13, 2016, the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of Treasury (Treasury), as part of its continued efforts to combat money laundering, issued its first Geographic...more

Washington’s New Limited Liability Company Act –What to Know

Washington’s new Limited Liability Company Act became effective on January 1, 2016. The new Act introduces several changes to the previous laws that LLC managers and members should be aware of as we begin 2016. This update...more

PSC Register––Draft Guidance on the Meaning of “Significant Influence or Control” for UK Companies and LLPs

As discussed in the Corporate and Financial Weekly Digest edition of August 14, 2015, the new obligation for UK companies and limited liability partnerships (LLPs) to keep and maintain a register (Register) of people with...more

Court Allows Class Member Self-Identification Where Employer Failed to Retain Records

The Northern District of California recently certified a class of employees in an action against an auto parts store for failure to reimburse expenses. Plaintiff alleged that the defendant required certain management-level...more

Small Business: Record Your Employees' Time!

Over the years I've had the opportunity to represent and advise a number of small businesses on wage and hour issues. Small businesses are understandably reticent to spend money on legal fees, so my first contact with many of...more

NYC Earned Sick Time Act Updates

Proposed Changes to Sick Time Rules and Creation of New Enforcement Agency - On January 11, 2016, the New York City Department of Consumer Affairs (“DCA”) held a public hearing on proposed updates to the Earned Sick Time...more

CFTC Amends Recordkeeping Rules

The Commodity Futures Trading Commission has amended Regulation 1.35(a) to ease recordkeeping obligations for certain entities with respect to commodity interest transactions and related cash or forward transactions....more

Nevada Mortgage Servicer License Updates

The Nevada Commissioner of Mortgage Lending established new regulations regarding requirements and application procedures for mortgage servicers and supplemental mortgage servicers, such as licensing, application, qualified...more

CFTC rule change brings record-keeping relief for commodity dealers and end-users

Aiming to reduce needless regulatory costs on America’s farmers, grain elevators and other commercial end-users of the commodity markets, the U.S. Commodity Futures Trading Commission (CFTC) recently amended a record-keeping...more

"FINRA Submits Pay-to-Play Rule 2030 to SEC for Approval"

On December 16, 2015, the Financial Industry Regulatory Authority (FINRA) submitted Rules 2030 and 4580 (the Draft Rules) to the Securities and Exchange Commission (SEC) for approval. The Draft Rules set forth pay-to-play...more

"MSRB Submits Pay-to-Play Rule G-37 Amendments to SEC for Approval"

On December 16, 2015, the Municipal Securities Rulemaking Board (MSRB) filed its draft amendments to Rule G-37 on political contributions (the Draft Rule) with the Securities and Exchange Commission (SEC). The Draft Rule...more

CFTC Provides Relief from Certain Recordkeeping Requirements Applicable to CPOs and CTAs

Effective December 24, 2015, the Commodity Futures Trading Commission (the “CFTC”) revised its Rule 1.35(a) to provide relief from certain recordkeeping requirements for commodity pool operators (“CPOs”) and commodity trading...more

SEC Proposes Significant New Restrictions on the Use of Derivatives and Other Transactions by Registered Funds and BDCs

The Securities and Exchange Commission (Commission) on December 11, 2015 proposed new Rule 18f-4 (Proposed Rule) under the Investment Company Act of 1940 (1940 Act) and amendments to certain proposed forms. The proposal...more

New Jersey Poised to Become Latest State to Require Paid Sick Leave

On December 17, 2015, the New Jersey Senate passed legislation that would require New Jersey employers of any size to provide employees with paid sick leave. The bill was received by the Assembly on December 21, 2015, and...more

Most New York City Employers Must Offer Commuter Transportation Benefits to Full-Time Employees

New York City’s Mass Transit Benefit Law requires that most New York City employers with at least 20 full-time employees offer such full-time employees the opportunity to use their pre-tax earnings, up to $130 per month, to...more

Orrick's Financial Industry Week in Review

The Federal Housing Administration Announces New Loan Limits for 2016 - On December 9, 2015, the Federal Housing Administration ("FHA") announced its schedule of loan limits for the 2016 calendar year. The new schedule,...more

CFTC Extends Continued No-Action Relief From Certain Recordkeeping Requirements

The Commodity Futures Trading Commission’s Division of Swap Dealer and Intermediary Oversight and Division of Market Oversight (collectively, Divisions) have issued CFTC Letter No. 15-65, which indefinitely extends the...more

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