On July 26, 2018, the Federal Reserve Board (FRB) announced a multi-million dollar settlement with a Kentucky bank over allegations of unlawful banking practices in violation of Section 5 of the Federal Trade Commission Act. According to the Consent Order, the bank made ...
Read More »USCIS proposed changes to the H-1B cap filing process: What you need to know
On Monday, December 3, 2018, the U.S. Citizenship and Immigration Services (USCIS) published in the federal register a proposed new rule that would significantly alter the H-1B cap filing process. The proposed rule (1) introduces a mandatory electronic pre-registration system for H-1B ...
Read More »SEC issues guidance regarding application of securities laws to blockchain technologies
On November 16, 2018, the Divisions of Corporation Finance, Investment Management, and Trading and Markets of the U.S. Securities and Exchange Commission (“SEC”) issued a Statement on Digital Asset Securities Issuance and Trading, summarizing recent SEC enforcement actions “involving the ...
Read More »Department of Education proposes sweeping changes to Title IX regulations
On November 16, 2018, the U.S Education Secretary Betsy DeVos released proposed regulations designed to overhaul how colleges address allegations of sexual misconduct. The long-awaited rules—leaked drafts of which have been circulating since August—include major changes, such as a more limited definition ...
Read More »MA employers subject to new HIRD reporting requirement starting Nov. 30
In 2017, Massachusetts enacted a supplemental appropriations bill providing for the creation of an employer healthcare coverage form that Massachusetts employers with six or more employees would be required to submit annually. Recently, the Massachusetts Department of Revenue (DOR) released ...
Read More »Impacts of new CFIUS pilot program on investment funds
On October 10, 2018, the Department of the Treasury, which oversees the Committee on Foreign Investment in the United States (“CFIUS”), released interim regulations to implement portions of the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”), which was ...
Read More »NLRB’s new proposed rule seeks to bring stability to the joint employer standard
In an important, but expected move, the National Labor Relations Board has issued a proposed rule revising the legal test that is used to determine whether two employers are considered “joint employers” under the National Labor Relations Act. Consistent with ...
Read More »DOJ settles with mortgage lender for $13.2 million concerning FHA mortgage certifications
On October 19, the Department of Justice (DOJ) announced that it settled allegations that a Florida-based mortgage lender violated the False Claims Act (FCA) by falsely certifying that it complied with Federal Housing Administration (FHA) mortgage insurance requirements for certain loans originated between 2006 ...
Read More »Federal Court rules that an EEOC lawsuit is not barred by Bankruptcy Code’s automatic stay
Seyfarth Synopsis: The government’s anti-discrimination watchdog can be extremely aggressive in pursuing discrimination claims, including pursuing those claims after an employer files for bankruptcy. Normally, after a bankruptcy petition is filed, the Bankruptcy Code’s automatic stay enjoins other actions against the ...
Read More »U.S. Supreme Court’s new term includes major employment cases
In spite of all the controversy swirling around Judge Brett Kavanaugh’s nomination to take Justice Kennedy’s seat, it’s business as usual at the U.S. Supreme Court as the justices kicked off a new term on Oct. 1. Does the ADEA’s 20-employee ...
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