If your company uses pre-employment tests to screen individuals in an attempt to find the best candidates during the interview process, then Target Corporation's payment of $2,800,000 to the EEOC might catch your attention. The EEOC announced yesterday […]
On August 4, 2015 the Consumer Financial Protection Bureau ("CFPB") issued a compliance bulletin containing warnings on the private mortgage insurance ("PMI") cancellation and termination procedures contained in the Homeowners Protection Act ("HPA"). […]
Under the Fair Debt Collection Practices Act ("FDCPA"), a debt collector can be liable to a debtor for contacting third parties in pursuit of debt unless the communication falls under a statutory exception. One exception permits communication with a […]
The Family Medical Leave Act ("FMLA") provides eligible employees with up to 12 weeks of unpaid and job protected leave.[1] During the course of the FMLA leave, employees are entitled to maintain group health benefits in the same condition as if the […]
As noted in Part III, movants seeking approval of structured dismissal motions typically must prove that the proposed dismissal is in the best interest of the creditors. To do so, movants will usually have to prove that the dismissal provides better […]
Does your company use unpaid interns? If it does, you may be surprised to learn that your company may have to pay them after all. For years employers relied on the Department of Labor’s (“DOL”) “Intern Fact Sheet” when categorizing […]
On July 15, 2015, the U.S. Department of Labor (“DOL”) issued guidance regarding the proper classification of workers as either employees or independent contractors for purposes of complying with the Fair Labor Standards Act (“FLSA”). The FLSA […]
Texas Governor Greg Abbott recently signed legislation into law that provides limitation on liability for employers who establish and maintain employee wellness programs. The Texas Legislature saw a need to address concerns that some employers are discouraged […]
On June 26, 2015, in the Obergefell v. Hodge, et al. case, the U.S. Supreme Court held that: (i) all states must permit marriages between same-sex couples; and (ii) all states must recognize marriages of same-sex couples performed in other states. The […]
Mortgage servicers should take note of a recent decision issued by an Illinois District Court. In ruling on a motion to dismiss filed by a mortgage servicer, the Northern District of Illinois held that a transfer letter notifying a borrower that his […]
The United States Court of Appeals for the Fifth Circuit recently analyzed the Texas Debt Collection Act ("TDCA") and reached a conclusion relating to claims under the TDCA that is significant for lenders and mortgage servicers. The court ruled that […]