News & Analysis as of

Recordkeeping Requirements

Pay-to-Play – SEC Expands Scope of Rule to CABs

The SEC’s pay-to-play rule has given advisers reason to worry about potential foot faults since its adoption. As we have noted in prior posts, the rule is filled with landmines and is therefore difficult to navigate. As was...more

Telecommuting Policies When Inclement Weather Strikes

As my great-grandfather would always say: “Expect the unexpected so when it reaches you you’re not surprised.” Good advice generally . . . but especially today. . . given the chaos caused by recent major weather events. ...more

"Wage Theft"/"Wage Recovery" Bills Introduced

by Fisher Phillips on

Pending proposals would radically transform the federal Fair Labor Standards Act and the related federal Portal-to-Portal Act.  Entitled the "Wage Theft Prevention and Wage Recovery Act" in both the House (H.R. 3467) and the...more

CFPB “Can Improve” Recordkeeping and Notifications of Purpose in Civil Investigative Demands, OIG Finds

by Ballard Spahr LLP on

On September 20, 2017, the Federal Reserve’s Office of Inspector General (“OIG”) issued a report on the CFPB’s process for issuing Civil Investigative Demands (“CID”). The OIG found that the CFPB “generally complied” with...more

Greedy Charitable Deductions May Cost You

by Foodman CPAs & Advisors on

Taxpayers are not required to pay a negligence penalty for underpayment of income taxes if, under Internal Revenue Code regulations, there is reasonable cause for a position that the Taxpayer takes in an income tax return. ...more

OFCCP Town Hall Offers Contractors a Chance to Be Heard

Having shaken the prospect of a merger with EEOC, and facing a smaller budget, the OFCCP offers a glimpse into its priorities and invites contractors to suggest changes. - Takeaways - Compliance letters have been...more

EPA Extends Compliance Deadlines for Formaldehyde Emission Standards in Composite Wood Products

On September 26, 2017, EPA published a final rule in the federal register extending the compliance deadlines in its Formaldehyde Emission Standards for Composite Wood Products as follows...more

If Pain, Yes Gain – Part XXXV: Rhode Island Legislature Approves Statewide Paid Sick Time Bill

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After Rhode Island’s legislative efforts to pass a statewide paid sick time bill stalled in the Spring, the bill was resuscitated by state lawmakers Tuesday evening. Rhode Island is now poised to become the...more

Another Case of Paid Sick Leave: BERKELEY Symptoms Begin Soon

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On October 1, 2017, after more than a year of waiting, the Berkeley, CA paid sick leave ordinance goes into effect. The ordinance provides extraordinarily generous paid sick leave benefits to employees...more

Status of State Plan Implementation of OSHA’s E-Recordkeeping Data Submission Rule

by Conn Maciel Carey LLP on

OSHA’s Final Rule to “Improve Tracking of Workplace Injuries and Illnesses” (aka the E-Recordkeeping Rule) requires employers of certain sizes that fall into certain categories to proactively submit electronic injury and...more

WEB EXCLUSIVE: Should Employees Receive Compensation For Off-The-Clock Cell Phone Use?

by Fisher Phillips on

You might hate to admit it, but it’s true: mobile devices are the adult version of a toddler’s teddy bear. They give us comfort and a sense of belonging. We carry them everywhere and traveling without them makes us feel like...more

"I'm Not Paying For That": Update On Using Timekeeping Policies To Defend Off-The-Clock Claims

by Fisher Phillips on

We have recently focused upon the growing number of federal court decisions under the federal Fair Labor Standards Act that have given legal weight to carefully-crafted, well-maintained employer policies requiring employees...more

SEC Amendments to Form ADV and Recordkeeping Rules Go into Effect on October 1

by Morgan Lewis on

The amended Form ADV, which goes into effect October 1, 2017, will require investment advisers to expand the information they report on Form ADV about separately managed accounts and other important aspects of their advisory...more

Data Protection Changes: What Will Pension Scheme Trustees Need to Do to Comply?

by Reed Smith on

The General Data Protection Regulation (GDPR) comes into effect on 25 May 2018. Prior to that date, we are in a transitional period during which organisations need to prepare for compliance. There will be no further ‘grace...more

The Importance Of Reporting Workplace Injuries

by Cozen O'Connor on

There are some OSHA lessons to be learned and things to think about from the recent Third Department case in Silvestri v. New York City Transit Authority, 2017 N.Y Slip Op 06123 (August 10, 2017). In Silvestri, the Third...more

In honor of Labor Day, some time sheet tips to beat FLSA off-the-clock claims

by FordHarrison on

Ah, Labor Day. Family barbecues, a trip to the beach, your last chance to wear white, time spent napping and binging on Netflix, or just a simple day of relaxation. However you spent the long weekend, I hope you enjoyed some...more

New anti-money laundering regulations: action for pension scheme trustees

by Hogan Lovells on

Pension scheme trustees should be aware of requirements under new money laundering regulations to record information and, in some cases, to give the information to third parties and to register the information with...more

Bay Area Local Law Update: Emeryville’s “Fair Workweek Ordinance”; San Francisco Bans Salary History Inquiries; And Additional...

Over the past few years, one of the biggest trends in employment law has been the proliferation of local ordinances imposing workplace standards beyond those mandated by state and federal laws. While many state governments...more

FLSA Questions After Hurricane Harvey

by Fisher Phillips on

Affected employers will have a variety of wage-hour questions in the aftermath of Hurricane Harvey. The number and scope of the issues raised might well be practically endless. Here we address in very general ways the federal...more

Food & Beverage Litigation Update | August 2017 #3

As plant-based beverages appear on more store shelves, the definition of “milk” has become the center of a dispute involving legislatures, regulators, litigators and industry groups. Shook Partners Katie Gates Calderon and...more

Derivatives In Review - August 2017

LIBOR Discontinuance and the Derivatives Markets - On July 27, the Chief Executive of the UK Financial Conduct Authority announced that, after the end of 2021, the FCA would no longer use its power to persuade or compel...more

DOL Temporarily Shuts Down OSHA Injury Reporting Portal Because of Possible Data Breach

by Fisher Phillips on

According to Bloomberg BNA, the Labor Department temporarily shut down OSHA’s (ITA) “Injury Tracking Application” portal for employers to report injuries and illnesses so that OSHA can investigate a “potential compromise” of...more

Top Five Proactive Ways for Start-Ups to Avoid HR Nightmares

Unless you’ve been under a rock, the fact that many start-ups have recently found themselves on the wrong side of the litigation or threatened litigation “v.” should not surprise you. In fact, it is often the very things that...more

OSHA Suspends ITA Due To Security Breach

by Jackson Lewis P.C. on

On Monday we blogged about the availability of the new OSHA Injury Tracking Application (“ITA”) that serves as the web portal for the submission of injury and illness information (300 Logs, 301 Forms and 300A Forms) under...more

Quebec Amends its Energy Efficiency Regulations and Moves Towards Implementation of 2030 Energy Policy

On August 15, 2017, the Regulation respecting the energy efficiency of electrical or hydrocarbon-fuelled appliances (Quebec Regulations) was amended in order to eliminate and reduce disparities with the energy efficiency...more

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