News & Analysis as of

Memorandum of Guidance

NLRB GC Boldly Defines Direction of Board Prosecution in New GC Memo

The new NLRB General Counsel Peter Robb has been fast at work. A short two weeks after being sworn in on November 17, 2017, the new General Counsel issued a memorandum making clear his intention to re-examine much of the...more

Memo From Labor Board’s Top Attorney Signals Change Is On Its Way

by Fisher Phillips on

The newly installed General Counsel for the National Labor Relations Board published a memorandum late last week indicating that the General Counsel is preparing to push to reverse many of the controversial positions taken...more

DOJ Deputy Attorney General Rod Rosenstein Announces FCPA Corporate Enforcement Policy

• The voluntary disclosure of a Foreign Corrupt Practices Act (FCPA) violation, “full cooperation” in an ensuing investigation, and timely and appropriate remediation, will create a presumption that the disclosing company...more

Global IT Company Settles Years of Federal and State Immigration Investigations - $24 Million in Fines Paid.

Infosys, a global consulting and IT services company, with operations in 45 countries, recently reported an agreement with the State of New York to settle allegations that Infosys failed to pay hundreds of foreign workers who...more

How the DACA “Wind Down” Will Impact Employers

by McNair Law Firm, P.A. on

On September 5, 2017, the Department of Homeland Security (“DHS”) issued a memorandum rescinding an Obama-era program known as Deferred Action for Childhood Arrivals (“DACA”). DACA permits certain undocumented aliens that...more

NLRB Ditches Effort To Expand Weingarten Rights to Non-Union Workplaces

Since the change in Presidential administrations, the main topic has turned to what rules will a newly constituted NLRB change? With the addition of Marvin E. Kaplan the Board now has four members, which makes undoing some of...more

Essential Revisions to CMS' SNF Civil Money Penalty Policies

by Baker Ober Health Law on

On July 7, 2017, the Centers for Medicare and Medicaid Services (CMS) issued revisions to its Civil Money Penalty (CMP) policies and CMP Analytic Tool to increase national consistency amongst Regional Offices (ROs) when...more

Regulatory interest continues around hotel prices

by Bryan Cave on

European and national competition regulator interest in hotel prices and price parity clauses continues. On 5 July 2017, the UK Competition and Markets Authority (CMA) published a one page memo, intended to educate hotels on...more

James Dalton, Director of Civil Works at USACE, Offers Valuable Perspectives at Annual NAFSMA Conference

by Downey Brand LLP on

One of the best ways to learn about the direction of national flood risk management is to attend the annual conference of the National Association of Flood and Stormwater Management Agencies (NAFSMA). The NAFSMA conference is...more

New Guidance from USACE Could Streamline Processes

by Downey Brand LLP on

A June 21, 2017 Memorandum issued by James Dalton, the U.S. Army Corps of Engineers Director of Civil Works, is designed to streamline a number of USACE processes, including...more

OCR Guidance Could Alter Scope of Pending and Future Civil Rights Investigations

by WilmerHale on

A memorandum obtained by ProPublica, if authentic, sets forth substantially revised guidance for civil rights investigations conducted by the U.S. Department of Education's Office for Civil Rights (OCR). The memorandum,...more

Documentation Relief For Hardship Distributions

by Fisher Phillips on

Retirement plans are permitted, but not required, to provide in-service distributions of elective deferrals to participants if they can show financial hardship, which is defined as a hardship that is “deemed to be on account...more

OSHA Withdraws Fairfax Memo

by Fisher Phillips on

OSHA has provided notice, in the context of an on-going federal lawsuit, (National Federation of Independent Businesses v. Dougherty, N.D. Tex., No. 16-2568, 4/27/17), that it has rescinded the interpretation letter and...more

IRS Issues a Memorandum on Substantiation Guidelines for Safe-Harbor Hardship Withdrawals from 401(k) Plans

by Sherman & Howard L.L.C. on

On February 23, 2017, the Internal Revenue Service (“IRS”) issued a Memorandum to IRS agents. The Memorandum identified the steps agents should take, in examining a 401(k) plan, to confirm that a hardship withdrawal is...more

New Department of Homeland Security Memos Set Immigration Enforcement Priorities

by Jackson Lewis P.C. on

Two memorandums from the Department of Homeland Security implementing President Donald Trump’s Executive Orders on “Enhancing Public Safety in the Interior of the United States” and “Implementing the President’s Border...more

NYSE’s Annual Guidance Memo

Earlier this month, the staff of NYSE Regulation issued its annual guidance memorandum, which highlights recent NYSE developments and other points of emphasis for the coming year. This year’s guidance includes nearly twenty...more

Writing a Memorandum of Intent for Your Child With Special Needs

How can you ensure that your child will remain well cared for and secure once others assume the role of guardian or caregiver? While creating a financial plan and establishing a specialized trust are central to preparing for...more

USPTO Provides Guidance to Examiners on Recent Federal Circuit Decisions Relating to Patent Eligibility of Software Claims

by Nutter McClennen & Fish LLP on

Over the past six years, the U.S. Supreme Court has issued a series of decisions—Bilski, Mayo, Myriad, and Alice—that have significantly impacted patent eligibility law, particularly in the areas of software and...more

OSHA delays enforcement of limitations on post-accident drug testing

by McAfee & Taft on

In previous articles, we discussed the Occupational Safety and Health Administration’s (OSHA) new rule regarding the reporting of workplace injuries and illnesses. One part of the rule requires employers to...more

South African Department of Energy issues LNG-to-Power Independent Power Producer Procurement Programme Information Memorandum –...

by White & Case LLP on

The South African Department of Energy has issued an Information Memorandum in connection with the previously announced LNG-to-Power Independent Power Producer Procurement Programme. On 4 October 2016, the South African...more

Don’t Believe Everything You Read: Labor Board Has Not Ruled College Athletes Are Employees (Yet)

by Fisher Phillips on

ESPN recently reported that the National Labor Relations Board (NLRB) had “ruled” that Northwestern University’s football players were actually “employees,” and that the University’s policing of its football players’ social...more

Court Holds OSHA Violated Notice-and-Comment Procedure with 2015 Retail Exemption Memorandum

Recently, the D.C. Circuit Court of Appeals ruled the Occupational Safety and Health Administration ("OSHA") violated the Occupational Safety and Health Act ("OSH Act") when it issued a "guidance" memorandum in 2015 titled...more

NLRB Begins Reporting Alleged Labor Law Violations to Federal Contractor Database

The National Labor Relations Board (NLRB) has directed its regional office personnel to begin reporting alleged labor law violations by government contractors named by regional directors in unfair labor practice complaints...more

Fair Pay and Safe Workplaces Executive Order Moving Forward and the NLRB is On Board

by Foley & Lardner LLP on

Earlier this year, the final rule and guidance regarding President Obama’s controversial Fair Pay and Safe Workplaces (also known as the “Blacklisting”) executive order — which requires companies and organizations seeking...more

New IRS Memo Confirms Tax Treatment of Wellness Programs & Incentives

by Bryan Cave on

In a recently released IRS Chief Counsel Memo, the IRS confirmed that wellness incentives are generally taxable. The memo also, indirectly, confirmed the tax treatment of wellness programs more generally....more

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