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The Fiduciary Rule Status Update

by Carlton Fields on

On April 8, the Department of Labor published the so-called "Fiduciary Rule." It defines who is an employee benefit plan’s "fiduciary" for purposes of the Employee Retirement Income Security Act (ERISA) and the Internal...more

CMMI Requests Ideas to Spur Innovation and Reduce Burden

by Polsinelli on

The Center for Medicare & Medicaid Innovation (CMMI) is seeking ideas on how to better drive change and reduce regulatory burden. CMMI solicited ideas to shape the agency’s future activities through a September 2017 “request...more

I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class

by Cozen O'Connor on

This episode discusses kneeling in the NFL/workplace, indefinite leave entitlement, and sufficient consideration for non-competes, provides an update from DC on OT exemptions and class action waivers, and questions whether...more

Trump Administration Seeks Stakeholder Input on New Direction

by K&L Gates LLP on

On September 20, 2017, the Centers for Medicare and Medicaid Services (“CMS”) released an informal request for information (“RFI”) seeking stakeholder feedback on the future direction of the Center for Medicare and Medicaid...more

Beltway Buzz - September, 2017 #5

Rep. Steve Scalise’s (R-LA) triumphant return to Congress on Thursday capped another busy week in Washington, D.C.: Graham-Cassidy Crashes, but Some in GOP Still Looking Down the Road. On Tuesday, September 26, 2017, the...more

Firm Responds To USDOL's Exemption-Related "Request for Information"

by Fisher Phillips on

Fisher Phillips filed its own, extensive remarks (see link below) yesterday in response to the U.S. Department of Labor's Request for Information seeking additional public comment regarding the 2016 compensation revisions to...more

11th Circuit Draws a Line on Actual Damages Under RESPA

by Burr & Forman on

In Baez v. Specialized Loan Servicing, LLC, 16-17292, 2017 WL 4220292 (11th Cir. Sept. 22, 2017) the Eleventh Circuit Court of Appeal recognized a limit to the requirement to the phrase “actual damages” in Section 2605 of the...more

CMS Seeks New Direction for Center for Medicare and Medicaid Innovation

by King & Spalding on

On September 20, 2017, the Center for Medicare and Medicaid Innovation (“CMMI”) issued an informal Request for Information (“RFI”) seeking public feedback on “a new direction to promote patient-centered care and test...more

CMA Investigates Asset Management Sector

by Dechert LLP on

Following the UK Financial Conduct Authority’s (FCA) final report on the asset management market study in June 2017, it has decided to make a Market Investigation Reference to the Competition and Markets Authority (CMA) on...more

Competition News

by Dentons on

A look back on a decision imposing a fine on Facebook for having provided the European Commission with inaccurate information on its acquisition of WhatsApp - On May 18, 2017, the European Commission imposed a €110 million...more

FDA Seeks Stakeholder Input on Regulatory Reform Efforts

by K&L Gates LLP on

On September 8, 2017, the Food and Drug Administration (“FDA”) became the latest in a line of federal departments and agencies to seek public input on approaches to modify regulations and reduce the burden on stakeholders....more

FDA Takes First Steps to Cut Regulations, Solicits Public Feedback

Since our March 17th post about President Trump’s executive actions aiming to implement his deregulatory agenda, several important developments related to the so-called “2-for-1” Executive Order (E.O. 13,771) have occurred...more

"Stick A Fork in It!" Updated Overtime Rules Are DOA . . . For Now

by Ward and Smith, P.A. on

On August 31, 2017, Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas entered a final judgment in State of Nevada et al. vs. U.S. Department of Labor et al., awarding summary judgment against the...more

Federal Court Invalidates Obama Administration Overtime Exemption Rule

by Bracewell LLP on

On August 31, 2017, Judge Mazzant of the Eastern District of Texas invalidated the long-enjoined Obama Administration revised overtime regulation. The same judge previously granted a temporary, nationwide injunction blocking...more

Federal Reserve Board Publishes Request for Comment on LIBOR Alternatives

On August 30, 2017, the Federal Reserve Board published in the Federal Register its request for comment on proposed plans for the Federal Reserve Bank of New York and the Office of Financial Research to publish three new...more

Department Of Labor Challenges ALJ’s Decision On Google’s Obligation To Respond To OFCCP Data Requests

In July, we reported that an Administrative Law Judge (“ALJ”) had ruled on OFCCP’s dispute with Google over the tech giant’s refusal to turn over certain documents in connection with a routine audit of Google’s headquarters....more

A Real Life Texas Hold'em: DOL Overtime Rule Struck Down by Texas Federal Court

by Clark Hill PLC on

On August 31, 2017, a federal district court in Texas issued its final ruling in State of Nevada v. United States Department of Labor that invalidated the Department of Labor's ("DOL") white collar exemption overtime rule....more

Obama’s Overtime Rule is Overruled

by Baker Donelson on

The Obama administration’s controversial overtime rule is now dead in the water. Yesterday, a Texas federal court ruled in favor of the 55 state and business plaintiffs who challenged the rule and argued that the DOL had...more

Hospitals and Others Respond to “Red Tape Relief Project” Requests

Last week, a number of health care industry associations sent letters to Congress detailing ways in which the government could relieve them of the burdens associated with “red tape.” The letters are in response to the first...more

Department of Labor Seeks Input on New Rules for White Collar Exemptions

by Stoel Rives LLP on

Employers know that the salary rule for “white collar” exemptions from President Obama’s Department of Labor (“DOL”) was blocked by a federal court last year (we blogged about that here). That rule would have more than...more

“I Got the Power!” – EEOC’s Investigatory Power Trumps Dismissal of Discrimination Claim in Federal Court

Can the EEOC keep investigating a claim after it has issued a right to sue letter? What about after the charging party has already filed a lawsuit and lost at the summary judgment stage? The U.S. Court of Appeals for the...more

Department of Labor Releases a Request for Information Seeking Public Comment on Overtime Regulations

by Clark Hill PLC on

President Donald Trump's Department of Labor ("DOL") issued a public Request for Information ("RFI") seeking comments on what, if any, increase it should make to the minimum salary requirement of the white collar exemptions....more

SBA Seeks Comments on Reducing Unnecessary Regulatory Burden

by PilieroMazza PLLC on

On August 15, 2017, the U.S. Small Business Administration (“SBA”) released a request for information (“RFI”) seeking input from the public as to which SBA regulations should be repealed, replaced, or modified because they...more

Need OSHA Action On Ammonium Nitrate And Healthcare Workplace Violence, Government Monitor Urges

by Jackson Lewis P.C. on

Focus is needed on two safety and health priorities: healthcare workplace violence and high-risk facilities that handle hazardous substances such as ammonium nitrate, chief of the Government Accountability Office Gene L....more

DOL to Propose Extension of Fiduciary Rule Transition Period

by Morgan Lewis on

The proposal is expected to delay additional conditions of exemptions from January 1, 2018 to July 1, 2019, but the ultimate length of delay will not be clear until the DOL publishes a final rule....more

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