Latest Publications


NLRB Does an About-Face: Yes, Employees Can Use Company Email Systems

In 2007, the National Labor Relations Board (NLRB) ruled that employees have no right under the National Labor Relations Act (NLRA) to use their company’s email system for union organizing and other concerted activities...more


Whistleblower Laws Increasingly Vital for Government Enforcement Efforts

In 2014, a crewman aboard a Japanese cargo ship videotaped the vessel illegally dumping oily waste into the ocean and later turned the tape over to the U.S. Coast Guard. One year later, the resulting $1.8 million penalty for...more

2/27/2015 - APPS Act Chief Compliance Officers Compliance Dodd-Frank DOJ False Claims Act Sarbanes-Oxley SEC Whistleblower Protection Policies Whistleblowers

EEOC Roundup: January 2015

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...more

2/26/2015 - ADA ADEA Age Discrimination Disability Discrimination Discrimination EEOC Hiring & Firing Racial Discrimination Religious Discrimination Sex Discrimination Title VII

UK Anti-Corruption Efforts Gain Momentum for 2015

Although initially touted as one of the world's toughest anti-corruption laws, a string of high-profile failures in the three years since the UK's Bribery Act went into effect have left many wondering about the ability of...more

2/25/2015 - Enforcement Actions FCPA Serious Fraud Office UK UK Bribery Act

OFCCP Modernizes Sex Discrimination Guidelines

On January 30, 2015, the Office of Federal Contract Compliance Programs (OFCCP) published proposed updates to its Sex Discrimination Guidelines setting forth its interpretations and rules for complying with the...more

2/23/2015 - Affirmative Action Executive Orders Federal Contractors OFCCP Sex Discrimination Title VII

DOJ Continues to Set Records with Antitrust Enforcement in 2014

The Department of Justice’s Antitrust Division (DOJ) recently reported its criminal prosecution of companies and individuals engaged in cartel, price-fixing or bid-rigging behavior resulted in $1.861 billion in criminal...more

2/20/2015 - Antitrust Division Criminal Prosecution DOJ Enforcement Statistics

Attempt to Extend Minimum Wage and Overtime to Home Care Workers Overruled by Court

In October 2013, the Department of Labor's (DOL) new rule extending minimum wage and overtime protections to the nation’s nearly two million home-care workers prompted controversy over the Department's authority to reverse...more

2/16/2015 - Companionship Exemptions DOL Exempt-Employees Exemptions FLSA Home Health Care Over-Time Wage and Hour

ACLU Sues Fabric Co for Discriminating against Medical Marijuana Patient

Changes in state laws concerning the medical and/or recreational use of marijuana have spawned a string of employment discrimination lawsuits by medical marijuana patients....more

2/12/2015 - ACLU Disability Discrimination Discrimination Employer Liability Issues Enforcement Actions Manufacturers Marijuana Medical Marijuana

Is 2015 the Year of Data Protection?

The growing frequency, impact and sophistication of cyberattacks in the U.S. and abroad have highlighted the need to address America's lack of a unified federal cybersecurity framework. No single congressional committee or...more

2/10/2015 - Barack Obama Cyber Attacks Cybersecurity Cybersecurity Framework Examination Priorities Federal Breach Notification Standard FTC HHS HIPAA Legislative Agendas Popular SEC

A Look Back Offers Insights into the Year Ahead for Employers and the EEOC

The Equal Employment Opportunity Commission's (EEOC) litigation and enforcement efforts saw mixed results in FY 2014, highlighting the evolving nature of its Strategic Enforcement Plan (SEP) and the agency's approach to...more

2/9/2015 - ADA Conciliation Discrimination EEOC Enforcement Actions Mach Mining v EEOC Pregnancy Discrimination Strategic Enforcement Plan

Is Refusing to Hire Smokers Workplace Discrimination?

A growing number of U.S. employers are opting not to hire applicants who smoke in an effort to create a healthier workplace and reduce costs. These decisions appear justified when considering the Centers for Disease Control...more

2/7/2015 - ACLU Discrimination Popular Smoking Bans

U.S. Shift in Policy Eases Cuba Sanctions and Opens Door for New Opportunities

The Obama Administration recently announced it will undertake efforts to repair diplomatic relations between the U.S. and Cuba and end decades of political estrangement and economic isolation of the island nation....more

2/5/2015 - Amended Regulation Banking Sector Barack Obama BIS CACR Cuba Embargo Executive Orders Export Controls Exports Foreign Policy Foreign Trade Regulations Imports OFAC Sanctions Telecommunications Trade Policy Travel Permits

Supreme Court to Determine If Employers Must Provide Accommodations for Pregnant Workers

Women account for 57.2% of the American workforce and are increasingly working throughout their pregnancies. While most pregnant women require no changes in their jobs, some — particularly those with physically demanding...more

2/4/2015 - ADA DOT EEOC Employer Liability Issues PDA Pregnancy Discrimination Reasonable Accommodation SCOTUS UPS

Anti-Corruption Efforts Gained Momentum in Late 2014

The end of 2014 saw significant developments in U.S. anti-corruption efforts, including record fines, challenges to the government's interpretation of the law and the launch of new tools to help companies prevent bribery and...more

2/3/2015 - Bribery Corruption DOJ Enforcement Actions FCPA Foreign Official Instrumentality Serious Fraud Office TRACE UK

Top 6 Benefits of a Diverse Workforce

Facing criticism for its predominately white, male workforce, Intel is the latest tech company to make big moves to increase workplace diversity, announcing it has allotted $300 million to increase the number of women and...more

2/2/2015 - Best Management Practices Discrimination Diversity Hiring & Firing Intel

DOJ Announces Transgender Discrimination Prohibited under Title VII

According to a memo released by Attorney General Eric Holder, the Department of Justice (DOJ) will now interpret federal law — specifically Title VII of the Civil Rights Act — to prohibit workplace harassment and...more

1/30/2015 - Discrimination DOJ Employer Liability Issues Gender Discrimination Harassment Strategic Enforcement Plan Title VII Transgender

Supreme Court Decision on Same-Sex Marriage Expected this Summer

The U.S. Supreme Court recently announced it will rule on the legality of same-sex marriage and issue what is expected to be a historic decision with a widespread impact on American culture. Consolidating appeals from four...more

1/29/2015 - Case Consolidation Due Process Equal Protection Same-Sex Marriage SCOTUS US v Windsor

2014 Corruption Perceptions Index Highlights Need for Greater International Cooperation

Following the release of Transparency International’s 2014 Corruption Perceptions Index (CPI), the international watchdog group urges greater international cooperation to stem corruption and abuses of power that undermine...more

1/26/2015 - Bank Secrecy Act Chief Compliance Officers Compliance Corruption Ethics FCPA Information Reports Transparency International

Media Company Charged with Frat House Atmosphere in Sexual Harassment Suit

A nationwide media company is facing a sexual harassment lawsuit claiming the "adult frat house" culture of its southern California office contributed to multiple instances of sexual harassment by male employees against...more

1/22/2015 - Adverse Employment Action Employer Liability Issues Harassment Internal Investigations Sexual Harassment Wrongful Termination

Fifth Circuit Rules Revealing Whistleblower's Identity Is Materially Adverse Action

The Fifth Circuit Court of Appeals recently ruled that a notice revealing a whistleblower's identity to other employees can be considered a "materially adverse" action and violates the Sarbanes-Oxley Act of 2002 (SOX). The...more

1/20/2015 - Administrative Review Board Adverse Employment Action Appeals Confidential Witnesses DOL Emotional Distress Damages Employer Liability Issues Popular Sarbanes-Oxley Whistleblower Protection Policies Whistleblowers

FTC Head Claims Antitrust Enforcement Supports Affordable Care Act

Edith Ramirez, head of the Federal Trade Commission (FTC), recently defended antitrust enforcement efforts in the healthcare industry against claims that such regulation undermines efforts to contain costs through provider...more

1/19/2015 - Affordable Care Act Antitrust Investigations Antitrust Litigation FTC Health Care Providers Hospital Mergers Hospitals

EEOC to Offer Guidance on Wellness Programs

The Equal Employment Opportunity Commission (EEOC) recently announced it will soon issue guidance on EEOC compliance when encouraging employees to participate in employer-sponsored wellness programs. The guidance — to be...more

1/16/2015 - ADA EEOC New Guidance well

Cosmetics Giant Puts Up $135 Million for FCPA Violations

The Chinese subsidiary of a major U.S. cosmetics company recently pleaded guilty to violations of the Foreign Corrupt Practices Act (FCPA) and agreed to pay $67.7 million to settle criminal charges with the Department of...more

1/15/2015 - Avon China Deferred Prosecution Agreements DOJ Enforcement Actions FCPA Foreign Subsidiaries SEC

IT Maintenance Crucial for HIPAA Compliance

The Department of Health and Human Services' (HHS) Office for Civil Rights (OCR) recently announced an agreement with a medical center to settle charges stemming from the center’s failure to prevent malware from infecting its...more

1/12/2015 - Business Associates Covered Entities Cybersecurity Enforcement Actions Healthcare Facilities HHS HIPAA Hospitals Patient Confidentiality Breaches PHI Popular

Court of Appeals Deals Blow to Government's Insider Trading Program

The Second Circuit Court of Appeals recently dealt a harsh blow to the government's insider trading program with a ruling that limits the range of those who can be charged with insider trading violations. In vacating the...more

1/12/2015 - Appeals Government Investigations Illegal Tipping Insider Trading Strategic Enforcement Plan

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