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Labor Board To Scrap Quickie Election Rule? Public Comment Requested

by Fisher Phillips on

In the clearest sign yet that the National Labor Relations Board is ready to shift away from the strong pro-union stance that had been taken for the previous eight years, the agency today announced that it will seek public...more

Labor Board Asks: Retain, Modify, Or Rescind ‘Quickie Election’ Rules?

by Jackson Lewis P.C. on

A Request for Information regarding the “Quickie Election” representation regulations (at 29 CFR parts 101 and 102) will be published on December 13, 2017, the National Labor Relations Board has announced. The RFI will seek...more

U.S. Court Orders Coinbase to Share Information about Account Holders with the IRS but Limits to Transactions over $20,000

A U.S. federal district court judge on Tuesday, November 29 ordered Coinbase Inc., the largest cryptocurrency exchange and storage platform in the world, to provide information about certain of its account holders to the U.S....more

Déjà Vu All Over Again? DOL Appeals Overtime Rule

by SmithAmundsen LLC on

At this time last year, employers across the country were preparing for implementation of the DOL Final Overtime Rule, which would have more than doubled the minimum salary level for exempt employees. At the eleventh hour,...more

Salary-Threshold Autopilot Still Possible

by Fisher Phillips on

A BloombergBNA report suggests that the U.S. Department of Labor is seriously considering retaining the Obama Administration's procedure (or something like it) for automatic "updates" to the compensation thresholds specified...more

Wrap-Up of Federal and State Chemical Regulatory Developments, November 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA - EPA Extends Comment Period For Draft Guidance For Pesticide Registrants On Notifications, Non-notifications, And Minor Formulation Amendments: On October 5, 2017, the U.S. Environmental Protection Agency (EPA)...more

Labor Secretary Discusses DOL Priorities During House Committee Hearing

by Littler on

Labor Secretary Alexander Acosta fielded a range of questions on the DOL's priorities during a November 15 hearing before the House Committee on Education and the Workforce. Although members of the Committee inquired about...more

Whatever Happened to Those New Overtime Regulations? DOL May Be Sending a Signal with Its Notice of Appeal

Remember last year when everyone was getting ready for the big change to the salary threshold for the overtime exemption that was set to go into effect on December 1? And then, seemingly out of nowhere, a judge put a stop to...more

A Round and Round We Go . . . The Department of Labor Announces a New White Collar Exemption Rule is in the Works

by Clark Hill PLC on

As Clark Hill reported 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...more

CFPB Issues “Principles” For The Protection Of Consumer Authorized Data Sharing And Aggregation

With the growth of technology and the development of the fintech market, an unprecedented amount of consumer financial data has become available. While protections through the FTC Safeguard Rule and EFTA provide certain...more

No Damages, No Award: Loan Servicer Prevails in Alleged RESPA Violation Suit

by Baker Donelson on

The only thing better than prevailing in court is not going to court in the first place. A recent decision from the Eleventh Circuit illustrates how an alleged violation of the Real Estate Settlement Procedures Act (RESPA)...more

CFPB Outlines Principles for Consumer-Authorized Financial Data Sharing and Aggregation

by Morrison & Foerster LLP on

On October 18, the Consumer Financial Protection Bureau (CFPB or Bureau) released a set of guiding principles for participants in the financial data sharing and aggregation industry. The publication of the consumer protection...more

FOIL Follies- Draft Plans Once Submitted Must Be Made Available

by Farrell Fritz, P.C. on

New York’s Freedom of Information Law (“FOIL”) mandates that agencies make all “records” available for public inspection and copying, subject to certain exemptions. See, Public Officers Law. ...more

CMS Requests Industry Feedback on "New Direction" for the Innovation Center

by Baker Ober Health Law on

CMS is seeking comments through a Request for Information (RFI) on a "new direction" for the CMS Innovation Center. The RFI includes focus areas identified by CMS, but the RFI welcomes all stakeholder input on "additional...more

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 - September 2017

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

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