Showing Posts In "Legal Issues" Category

Technology for Minding Your Compliance Ps and Qs: Spotlight on the FCPA

Despite increasing regulations, most companies have no system for monitoring high-risk third parties. In 1977, President Jimmy Carter signed the Foreign Corrupt Practices Act (FCPA) into law, which makes it unlawful for U.S. companies, individuals and third-party intermediaries to pay foreign officials to retain or obtain business. Although the FCPA has existed for 35 years, […]

House Clears EEOC Appropriations Bill With Several Limiting Amendments

On May 10, 2012, the House of Representatives approved 247-163 a fiscal year 2013 funding bill (H.R. 5326) for a variety of federal agencies, including the Equal Employment Opportunity Commission (EEOC), that includes a series of amendments that would curtail enforcement of certain labor- and employment-related regulations and programs. Last month the House Appropriations Committee […]

Getting Beyond “Name, Rank, and Serial Number”- Nebraska Passes Job Reference Immunity Law

Add Nebraska to the growing number of states that have granted civil immunity to employers that provide job references to prospective employers of their current or former employees. Approved by Nebraska Governor Dave Heineman, the law, LB 959, will take effect on July 18, 2012. The new law authorizes employers in Nebraska to disclose, with […]

The In-House Lawyer’s Guide to Marijuana Legalization: How Companies Should Clarify Their Policies, and What to Look Out for on the Enforcement Front

In the recent November elections voters in Washington state and Colorado voted to legalize the recreational use of marijuana. What does that mean for company drug policies? Should I panic? Zero-tolerance drug policies should still be fine. So should drug testing programs. The courts have so far upheld employers’ rights to enforce drug-free workplaces, even […]

What Employers Need to Know About New York’s Beefed-up Social Security Number Protection Law

New York Governor Andrew Cuomo recently signed an amendment to the state’s Social Security Number Protection Law. The amendment is designed to strengthen consumer privacy and protect against identify theft. The amendment prohibits a person, firm, partnership or other business entity from requiring an individual to disclose or furnish his or her Social Security number […]

EEOC Chair Says AGs Misinterpreted Criminal Screening Regs

Responding to a letter from nine state attorneys general that called the U.S. Equal Employment Commission’s recent lawsuits over criminal background checks and enforcement guidance misguided, EEOC Chair Jacqueline Berrien has said the attorneys’ main concern appears to be premised on a misunderstanding. The state attorneys’ letter speculated that the agency’s true aim may not […]

Federal Court Tosses EEOC Suit Over Background Checks

A federal judge had harsh words for the EEOC while dismissing the agency’s suit against an employer for its policy of conducting background checks. Last year, the EEOC issued guidance to employers about the use of background checks. Multiple suits followed, including two highly publicized cases filed in June, alleging that employers violated Title VII. […]

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