News

Pennsylvania Court Allows Class Action Against Employer Who Used Only Payroll Cards; Holds Payroll Cards Are NOT “lawful money of the United States”

By EsqSocial Corporation 18/08/15

In September 2013, SchnaderWorks published “Employers should Proceed With Caution in Using Payroll Cards.” At that time, author Scott Wenner advised that employers should follow the conditions prescribed in the federal Electronic Funds Transfer Act,...

IRS Releases Guidance on Taxability of Identity Protection Services

By EsqSocial Corporation 18/08/15

As companies and governmental entities increasingly do business and store sensitive information in online or cloud-based environments, the risk of improper disclosure continues to grow. The unprecedented breach of the United States Office of...

HKSFC Issues Circular on Application Process for Exemptive Relief Under CFTC Regulation 30.10

By EsqSocial Corporation 18/08/15

On August 13, the Hong Kong Securities and Futures Commission (HKSFC) issued a circular describing the application procedure for certain licensed corporations to deal directly with customers in the United States pursuant to Commodity Futures Trading...

Supreme Court Takes on Housing Discrimination

By EsqSocial Corporation 18/08/15

Court rules that actions that disproportionally affect minority groups can support lawsuits under the Fair Housing Act. The U.S. Supreme Court recently ruled that certain actions that adversely affect minorities in poor neighborhoods violate the...

Access to Employee Benefit Records - Take Action Now to Avoid Issues Later

By EsqSocial Corporation 18/08/15

Today, many records relating to employee benefits reside with vendors administering those benefit plans (including forms mandated by statute and regulations, participant phone call center recordings and notes, benefit elections, benefit calculations,...

The Future of Healthcare Discrimination Litigation-Section 1557 of the ACA

By EsqSocial Corporation 18/08/15

This article was originally published by American Health Lawyers Association. Copyright 2015, American Health Lawyers Association, Washington, DC. Reprint permission granted. It is no secret that the Affordable Care Act (ACA) has changed the future...

Antitrust Development: FTC Releases New Statement of Enforcement Principles for Unfair Methods of Competition Under Section 5 of the FTC Act

By EsqSocial Corporation 18/08/15

On August 13, 2015, the Federal Trade Commission (FTC) released a Statement of Enforcement Principles for “Unfair Methods of Competition” claims brought under Section 5 of the FTC Act. Section 5 empowers the FTC to challenge conduct constituting...

Web Based Surveillance Reports

By EsqSocial Corporation 18/08/15

In a regulatory circular to Trading Permit Holders (TPHs), the Chicago Board Options Exchange (CBOE) announced that as of August 10 it has made the Book Trade Through Surveillance Reports available to TPHs on its Web Based Surveillance Firm Reports...

USCIS Releases Draft EB-5 Policy Guidance Clarifying Immigration and Project Related Issues Raised by Retrogression

By EsqSocial Corporation 18/08/15

Popularity of the EB-5 Immigrant Investor Program has surged in recent years among foreign investors from mainland China. As a result, the demand for EB-5 visas by foreign investors born in mainland China has exceeded total annual availability, and...

Commenters React to DOL’s Proposed Expansion of Fiduciary-Duty Rules

By EsqSocial Corporation 18/08/15

Four months after proposing a significantly expanded definition specifying when “investment advice” to employee plans and IRAs would give rise to fiduciary status under the Employee Retirement Income Security Act of 1974, the Department of Labor has...

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