Under an "employment-at-will" relationship an employee is employed for an indefinite period of time, and both the employee and the employer can end the relationship at any time and for almost any reason. However, more than two-thirds of the states now recognize at least some exceptions to the employment-at-will rule, and the trend is toward expanding employees' rights through either legislation or court rulings.
The new At-Will Employment topic summarizes three at-will exceptions, state by state:
- Breach of contract—Typically based on employee handbooks or personnel manuals
- Public Policy—Discharges that are wrongful because they offend some "public" policy of the state
- The implied covenant of Good Faith and Fair Dealing—Whether the employer dealt fairly and in good faith with the employee.
Although most states have adopted exceptions to at-will employment based on case law, the chart also includes the few states that have memorialized one or more of these exceptions into their statutory schemes. Links to these provisions, as well as links to full at-will discussions located in the State Law Summaries, are provided. State and Federal Employment Law Compare covers 60 topical areas. If you are not a subscriber and would like more information, please click here.
The new PRRB Smart Chart is designed to help you quickly find and track PRRB decisions on health care topics, as well as subsequent related decisions by the CMS Administrator and the federal courts. The Smart Chart includes decisions from 2003 to the present. The PRRB Smart Chart is automatically added to any online subscription that includes the CCH Medicare and Medicaid Guide. Subscribers can click here to access it now or find it on the IntelliConnect Browse Tree menu within the Health Care Compliance and Reimbursement topic, under the Medicare and Medicaid Guide section.
SEC No Action Letters have been grouped according to the year for easy research and retrieval. The groups are: current year, 2004-2012, 1984-2003, 1978-1983 and 1971-1977.
A new search screen is now available within the Filings portion of SECnet for Form 8-K filings, allowing more focused searching for specific item(s). If you’re a SECnet subscriber, click here to quickly access the new Form 8-K search page on SECnet.
SECnet subscribers can still use the existing Filing search form to retrieve 8-K filings (either as Group or Individual form type).
In this six-page Special Report, Wolters Kluwer Principal Analyst, Jim Hamilton, J.D., L.L.M., discusses the final FATCA regulations and the implications for financial institutions which includes:
- The new reporting and taxing regime created by FATCA for foreign financial institutions with U.S. account holders
- The definition of “foreign financial institution” which includes hedge funds and private equity funds
- Withholding taxes as a means to enforce the new reporting requirements
- New Section 1472 dealing with withholdable payments to non-financial foreign entities
- Intergovernmental agreements
Click here for a PDF of the Special Report.
Last month the Consumer Financial Protection Bureau, in conjunction with the other federal financial regulatory agencies, adopted a series of new rules that will remake the mortgage lending industry in the United States. The rules, which will apply to mortgage originating, underwriting and servicing, all are required by the Dodd‐Frank Act’s amendments to the Truth in Lending Act, Real Estate Settlement Procedures Act and Equal Credit Opportunity Act. The rules take effect in January 2014, except that a rule on escrow accounts will be effective June 10, 2013.
This white paper, entitled CFPB Mortgage Industry Reforms—Rulemaking and Guidance, by Senior Attorney-Editors Katalina Bianco and Richard Roth, analyzes and explains all of these new rules which affect the following:
- Mortgage underwriting standards, including borrowers’ ability to repay
- Permissible practices and homeownership counseling requirements for high‐cost mortgages
- Escrow account requirements
- Appraisals for higher‐risk mortgages under TILA
- Appraisals for all mortgages secured by dwellings under ECOA
- Loan originator compensation and character and fitness standards
- Mortgage loan servicing
Click here to download a PDF of the white paper.