Yes, that is still the case. In fact, it's worse in a way, because in the old model the y-forks were made of plastic and you could muscle the earcup past them (though they had a tendency to snap if you did), but becase this one is metal, you can't. However the new design allows for a wider range of motion, and the fit is definitely better than in the old one.
I'm guessing someone with a 3d printer can probably make a y-fork that bypasses the tab and allows for full outward articulation. I know SoCas makes Stax mods, maybe they can do it, but I haven't contacted them about it. It'll have to be both taller and wider, since the earcup itself is wider at the inner side than the fork.
Edit: Look like they already make something similar. No comments on style...