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 internal control over financial reporting (ICFR). The proposed amendments would better align the definition of ...
SEC proposes amendments to accelerated and large accelerated filer definitions
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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 concerns regarding the implementation of the new law. What’s new? On May 1, the DFML ...
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Employers can lose failure-to-exhaust defense if not timely raised, U.S. Supreme Court rules
On June 3, the U.S. Supreme Court ruled unanimously in Fort Bend County, Texas vs. Davis that Title VII cases can proceed in federal court even if employees fail to first bring their claims before the U.S. Equal Employment Opportunity Commission or an equivalent state agency (e.g., Massachusetts Commission Against Discrimination). The court’s ruling, however, made clear ...
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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 “set clear, bright-line limits on the number of calls debt collectors may place to reach ...
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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 (June 14, 2019). This decision overturns precedent dating back to the early 1980s that held ...
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NLRB: Property owners may prohibit off-duty access for Section 7 activity
On Aug. 23, the National Labor Relations Board reversed precedent and rebalanced the rights of property owners versus the Section 7 rights of employees in a labor dispute. In Bexar County Performing Arts Center Foundation d/b/a Tobin Center for the Performing Arts, 368 NLRB No. 46 (2019), the board held that a property owner not ...
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DOJ updates FCPA corporate enforcement policy
On Nov. 20, the Fraud Section of the U.S. Department of Justice’s Criminal Division announced changes to its Foreign Corrupt Practices Act Corporate Enforcement Policy. The policy, which began as a pilot program in April 2016 and was formally introduced in November 2017, rewards companies for voluntarily self-reporting violations of the FCPA. Companies that self-disclose, cooperate ...
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DHS establishes new H-1B electronic registration process for employers
The U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services announced on Dec. 6 the implementation of an electronic registration process in the next H-1B lottery. Employers seeking H-1B workers subject to the cap will be required to complete an online registration process and submit basic information about their company and each requested worker. ...
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Massachusetts AG: online vape sales violate law
Massachusetts Attorney General Maura T. Healey’s office has announced it is suing eight online e-cigarette sellers it says are violating a new state law banning sales of flavored tobacco products. A complaint filed on Dec. 20 in Massachusetts Superior Court alleges the out-of-state companies improperly sold flavored tobacco products to buyers in the state and failed ...
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NLRB memo addresses mandatory weekend overtime
Overtime: Some employees hate it; others can’t get enough. And many companies struggle to manage it. It can be even more complicated in a unionized setting, as the applicable labor agreement undoubtedly touches on, if not exhaustively addresses, overtime. The National Labor Relations Board recently issued an advice memo that shows companies with unions may have increased flexibility on this front. ...
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