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Legal Quagmire Over WOTUS Persists
  • Holland & Hart LLP
  • USA
  • September 12 2018

More than three years after the August 2015 effective date of the Obama-era Waters of the United States rule ("WOTUS Rule"), the regulated community


Securitizing Marijuana Dispensary Properties in the Sessions Era
  • Dechert LLP
  • USA
  • September 6 2018

In 2013, the Obama administration issued the Cole Memorandum, which called a truce between federal prosecutors and marijuana businesses operating


Department of Labor Issues Additional FLSA Opinion Letters, Acknowledges New “Fair Reading” Standard for Overtime Exemptions
  • Jackson Lewis PC
  • USA
  • September 4 2018

In furtherance of a practice reinstituted earlier this year, on August 28, 2018 the DOL’s Wage Hour Division (WHD) issued four new opinion letters


WPI Wage Watch: Minimum Wage & Overtime Developments (August Edition)
  • Littler Mendelson PC
  • USA
  • August 31 2018

Although the U.S. Department of Labor may steal the show in terms of August developments involving the minimum wage, tips, and overtime, states are by


DOL Guidance on FMLA, No-Fault Attendance Policy, and Wellness Screenings
  • Steptoe & Johnson LLP
  • USA
  • August 29 2018

On August 28, 2018, the U.S. Department of Labor’s Wage Hour Division issued six new Advisory Opinion letters offering employers guidance on a range


Labor Department Independent Contractors Guidance Targets Home Care, Nursing, Caregiver Registries
  • Jackson Lewis PC
  • USA
  • August 6 2018

In its first substantive guidance on independent contractors, the Trump Administration has targeted misclassification in the healthcare industry. The


CMS Liberalizes Medicare Advantage and Part D Marketing Rules
  • Manatt Phelps & Phillips LLP
  • USA
  • July 31 2018

On July 20, the Centers for Medicare & Medicaid Services (CMS) issued the new “Medicare Communications and Marketing Guidelines” (MCMG), which governs


DOL’s Persuader Rule Rescinded
  • Conn Maciel Carey LLP
  • USA
  • July 19 2018

As we reported back in 2017, the Department of Labor (“DOL”) had promulgated a proposed rulemaking to rescind its controversial 2016 “Persuader” Rule


NLRB Member Pearce, One of Two Remaining Democrats, May Not Get Third Term
  • Jackson Lewis PC
  • USA
  • July 18 2018

The Trump Administration is being asked not to give Member Mark Gaston Pearce, one of two remaining Democrats on the National Labor Relations Board


DOL's Persuader Rule just got a little bit deader
  • Constangy Brooks Smith & Prophete LLP
  • USA
  • July 18 2018

Not six feet under yet, but maybe 5'11"? Today, the U.S. Department of Labor formally issued a final rule rescinding the "Persuader Rule," which was