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 […]
More than half of all banking customers conduct their banking on their smartphone because it is quick, easy and convenient. And it’s no wonder why this number is so great: smartphones are increasingly being integrated into the lives of many Americans […]
The Consumer Financial Protection Bureau ("CFPB") has a new complaints database. In accordance with its Financial Policy Statement issued on March 19, 2015, the CFPB has started publishing consumer complaint narratives. There are currently over 8 […]
On Tuesday, the U.S. Department of Labor released its proposed rule to change overtime regulations. The focus of the proposed change is to increase the minimum salary threshold under the "white collar" exemptions from $23,660 to $50,440 per year. […]
The Bankruptcy Code allows bankruptcy trustees, debtors in possession, and official committees to hire attorneys, accountants, and other professionals to assist them in carrying out their statutory duties, with their fees to be paid by the bankruptcy […]