News & Analysis as of

Supreme Court Decides Jesinoski v. Countrywide Home Loans, Inc.

On January 13, 2015, the U.S. Supreme Court held that borrowers exercising their right to rescind a loan under the Truth in Lending Act must provide written notice to their lender within the three-year rescission period but...more

The Supreme Court Just Held That TILA Rescission Is Accomplished With Notice Alone

Until today, courts were split over what steps borrowers must take to rescind a home loan. Some courts had ruled that a borrower simply had to send a rescission notice to his creditor within three years after taking out a...more

The Best of 2014: Sending FMLA Notices by Mail/Email, Requiring Doctor's Notes for Intermittent FMLA Absences Among Most Popular...

It’s the final week of the year, so while everyone else in the world is playing with their latest version of iPhone and other new electronic gadgets, I spend my time analyzing this year’s FMLA blog posts and agonizing over...more

Ninth Circuit Lifts the Veil: Explains How to Comply With Endangered Species Act 60-Day Notice Requirement

The federal Endangered Species Act (ESA) imposes certain procedural hurdles on any would-be plaintiff commencing a citizen suit to compel compliance with the ESA. One of the more substantive requirements is the 60-day notice...more

Mailing FMLA Notice of Rights to Absent Employee May Be Insufficient to Prove Receipt by Employee, Third Circuit Holds

Many employers send Family and Medical Leave Act (FMLA) paperwork to absent employees via the mail—regular, first class mail—because it is a reasonable, cost-effective way to get the notice to those employees at home....more

Loan Servicer Properly Identified as Party with Authority To Negotiate Mortgage Terms in Foreclosure Notice, Georgia Court Holds

A recent decision by the Georgia Court of Appeals helps to add further clarity to the state’s foreclosure notice statute. The statute, which was amended in 2008, requires that the written notice of a foreclosure sale “shall...more

Employers: Limit FMLA Liability by Making Them Pick Only One From the Menu

A recent federal appellate court decision illustrates how employees may limit their rights by affirmatively choosing to designate time-off as vacation time rather than as leave protected by the Family and Medical Leave Act...more

With The New Year Comes New Annual Notice Obligation For New York Employers

Between January 1 and February 1, 2014, all private employers must provide each of their New York employees a written notice containing detailed information regarding the terms and conditions of their employment....more

PPACA Update: Employers' Deadline To Provide Notice Of Health Care Exchanges Postponed

Late last week, the Departments of Labor, Treasury, and Health and Human Services issued a new Frequently Asked Question (“FAQ”) page addressing implementation questions under the Patient Protection and Affordable Care Act...more

Reminder: New York State Wage Theft Prevention Act Notice Requirements

The New York State Wage Theft Prevention Act (“WTPA”) is still in effect, which means that the February 1, 2013 deadline to provide written notice to employees is fast approaching. Pursuant to the WTPA, New York employers...more

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