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Court: when accountants fail to detect fraud, in pari delicto no longer applies

By enacting M.G.L.c. 112, §87A 3/4, the Massachusetts Legislature intended to preempt the common-law doctrine of in pari delicto as it applies to the negligent conduct of accountants and auditors in failing to detect fraud, the state Supreme Judicial Court ...

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NLRB: employers may ban non-employee union activity in public areas

On June 14, the National Labor Relations Board ruled in a 3-1 decision that employers may prohibit non-employee union representatives from conducting organizing activities on employer property that is open to the public. UPMC Presbyterian Shadyside, 368 NLRB No. 2 ...

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Massachusetts agency posts final paid leave regulations

The Massachusetts Department of Family and Medical Leave has issued its final regulations for the landmark paid family and medical leave law the state enacted last year. The department promulgated the new rules to clarify procedures, practices and policies in ...

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CFPB releases new proposed rules for debt collection practices

On May 7, the Consumer Financial Protection Bureau released a Notice of Proposed Rule Making to implement the Fair Debt Collection Practices Act.  The bureau’s stated purpose for the proposed rules, which would be placed in the existing Regulation F, is to ...

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Judge dismisses suit brought by former Mount Ida students

A federal judge has dismissed a class action lawsuit brought by three former Mount Ida College students against former school president Barry Brown and the now-shuttered school’s board of directors. U.S. District Court Judge Richard G. Stearns threw out the ...

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PFMLA notification deadline extended to June 30

Complying with the upcoming requirements of the Massachusetts Paid Family Medical Leave Act (“PFMLA”) continues to be a bit of a moving target. The Department of Family and Medical Leave (“DFML”) is providing regular updates that address employer questions and ...

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SEC proposes amendments to accelerated and large accelerated filer definitions

The SEC this month voted to propose amendments to the definitions of “accelerated filer” and “large accelerated filer,” which are used to determine, among other things, the filing deadlines for periodic reports and the requirement for providing an audit of ...

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Handling missing participants under Code Section 409A

Deferred compensation payments are due to one of your former executives, but the former executive is nowhere to be found. You know that the IRS has strict timing rules for payments subject to Code Section 409A (but maybe not as strict ...

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Uncertainty continues over EEO-1 filing requirements for 2019

Every year, employers with 100 or more employees (and certain federal contractors) must submit a completed EEO-1 form to the Equal Employment Opportunity Commission. The EEO-1 provides demographic information about the workforce, sorted by job category, including race, sex and ethnicity.  ...

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