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Asking for Current Salary in Application?

Posted on January 27, 2017 by

The City of Philadelphia has passed legislation that prohibits an employer from asking for the current salary of an applicant being considered for employment with a public or private employer.  The theory behind this legislation is to prevent employers from excluding applicants who may be interested in a position even though the salary level of […]

Lessons Learned from Recent OCR Settlements

Posted on January 26, 2017 by

We can learn some valuable lessons about compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) from settlements that are announced by the U.S. Department of Health and Human Services, Office for Civil Rights (OCR).  These settlements give us guidance of issues OCR considered important as well as their interpretation of various […]

A Secretary of the Treasury who understands Main Street and Wall Street?

Posted on January 24, 2017 by

Last week, Steven Mnuchin, President Donald Trump’s nominee to run the Treasury Department faced a nearly six-hour grilling by Senate Finance Committee Republicans and Democrats, alike.  The former Goldman Sachs executive was pressed on a variety of policy and personal issues including his past connections to a California bank seen by some as an unmerciful […]

The Problem of Lender “Inquiry Notice” Status

Posted on January 19, 2017 by

If a lender is fully secured, can it just ignore suspicions of borrower misconduct?  The danger is that a lender could lose its collateral under these circumstances and be treated as an unsecured creditor.  This is exactly what happened to a lender that failed to inquire further about collateral pledged by a borrower that was […]

OSHA’s New Guidelines for Employer Anti-Retaliation Policies

Posted on January 18, 2017 by

Most employers and employees know that the Occupational Safety and Health Administration (OSHA) is the federal agency charged with overseeing safety and health in U.S. workplaces.  Many are surprised, however, to learn OSHA is also responsible for enforcing 22 whistleblower protection statutes that don’t necessarily have anything to do with worker safety and health. These […]

Limited Right to Ask for Discontinuance of Dues Deductions

Posted on January 5, 2017 by

A recent federal court decision in Madison has struck down a portion of the Right-to-Work law applicable to all employers in Wisconsin.  Under this decision by U.S. District Judge William Conley, the Court has issued a permanent injunction stopping employers from following the language in Section 111.06(1)(i) of the Wisconsin Statutes.  This provision of the […]

National Origin Discrimination – A New Frontier?

Posted on January 3, 2017 by

Immigration law is said to be the next major debate in both state legislatures and Congress.  While that debate will focus on the rights of immigrants to gain legal status in our country, employers can anticipate many new issues arising under national origin discrimination. I wrote about this topic several weeks ago, but now see […]

Regulators’ Christmas Gift to Banks: 18-Month Examination Cycle

Posted on December 28, 2016 by

Earlier this month, the Office of the Comptroller of the Currency, Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation issued final interagency rules which will reduce regulatory compliance costs for over 600 banks and savings associations. Section 10(d) of the Federal Deposit Insurance Act (FDI Act) generally requires the […]

Recent Health Care Legal Developments – Looking Forward to 2017

Posted on December 28, 2016 by

As we are coming close to the end of another year, I thought it might be good to pull together some of the health law articles and blogs we produced during 2016.  Ruder Ware’s Health Care Focus Team puts out a lot of information on a variety of different blog sites.  This is in addition […]

Christmas Disability?

Posted on December 20, 2016 by

I have written over the year regarding disability discrimination and the notion that an employer can be subject to a discrimination complaint under both state and federal law if the employer “perceives” an individual to be disabled and unable to perform the duties of his/her position.  I often wonder if the public “perceives” Santa Claus […]