Criminal Law, Labor & Employment Law, Administrative Law

Patton Boggs Insights - December 2012: Enforcement: $950,000 Settlement In Crandall Canyon Mine Accident

by Patton Boggs LLP on 1/11/2013

The Crandall Canyon Utah coal mine operator agreed to pay $949,351 to settle civil penalties MSHA levied following an accident in 2007 that took the lives of . six miners, followed by the deaths of three additional personnel,...more

EEOC Alerts Employers to Potential Title VII and ADA Rights of Employees Who Experience Domestic Violence, Sexual Assault or...

by Lisa E. Cleary | Patterson Belknap Webb & Tyler LLP on 1/9/2013

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued a “Questions and Answers” document regarding the application of Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA)...more

New Michigan Law Prohibits Employers From Asking Applicants And Employees For Access To Personal Internet Accounts

by Matthew A. Carmona | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/7/2013

The apparent practice by employers of requesting access to employees’ and applicants’ social media accounts, such as Facebook and Twitter, has led the state of Michigan to pass the Internet Privacy Protection Act (PA 478 of...more

Michigan's New "Internet Privacy Protection Act" Sets Limitations for Employers and Employees

by William Balke, Philip Gordon | Littler on 1/7/2013

On December 28, 2012, Michigan joined California,1 Illinois,2 and Maryland3 in enacting a social media password protection law when Governor Rick Snyder signed the "Internet Privacy Protection Act" (IPPA or the "Act"). In an...more

President Obama Signs into Law the Theft of Trade Secrets Clarification Act

by Mike Delikat | Orrick - Global Employment Law Group on 1/4/2013

On December 28, 2012, President Obama signed into law the Theft of Trade Secrets Clarification Act. The Act amends the Economic Espionage Act of 1996 (EEA) and expands the jurisdiction of federal courts over cases concerning...more

Company Director Jailed For Ontario Employment Standards Violations

by Blair McCreadie | Dentons on 1/4/2013

A director of six Ontario companies has been sentenced to 90 days in jail after those companies systematically ignored orders to pay wages issued by the Ontario Ministry of Labour. The Ontario Employment Standards Act, 2000...more

Michigan -- The Latest State to Ban Employers From Accessing Password Protected Social Media Accounts

by Baker, Donelson, Bearman, Caldwell &... on 1/4/2013

On Friday, December 28, 2012, Michigan became the fourth state to ban employers from accessing password protected social media accounts....more

Michigan’s Internet Privacy Protection Act

by Adam S. Forman, David G. King | Miller Canfield on 12/24/2012

On December 13, 2012, the Michigan Legislature passed House Bill 5523, known as the Internet Privacy Protection Act (IPPA), which if signed by Governor Rick Snyder, will become effective immediately....more

Avoiding Anti-competitive Employee Recruitment Arrangements: The United States Department of Justice Challenges eBay and the...

by Subrata Bhattacharjee, Adam S. Goodman | Heenan Blaikie LLP on 12/21/2012

In 2010, the government of Canada amended the Competition Act, making anti-competitive conspiracies between competitors or potential competitors a per se criminal offence, requiring no evidence of an adverse impact on...more

2013 Brings Significant Criminal Background Check Changes for Ohio HHAs

by Thomas Hess, Tyler N. Williams | Dinsmore & Shohl LLP on 12/19/2012

The Ohio Department of Health has proposed new administrative rules scheduled to take effect January 1, 2013 that will significantly impact the obligations of a home health agency (“HHA”) regarding background checks of its...more

Bank Liability to Non-Customers in a Ponzi Scheme

by Timothy R. Moore | Spilman Thomas & Battle, PLLC on 12/18/2012

The morning news reports flashes a report that your customer was actually a Ponzi scheme and defrauded numerous people. Of course, this is terrible news for the innocent victims, but, you ask yourself, could my bank be...more

On the Horizon: New Jersey Lawmakers Considering Stiffer Penalties for Non-Payment of Wages & Criminal Liability for Retaliation

by Don A. Innamorato, E. David Krulewicz | Reed Smith on 12/18/2012

On Tuesday, December 11, 2012, the New Jersey Assembly Budget Committee approved Bill A-3581, which would significantly increase penalties for employers who improperly withhold wages or other benefits from New Jersey workers....more

An Ounce of Prevention Could Have Been the Cure

by Ronald Shapiro on 12/18/2012

Earlier this month, a restaurant company in the Midwest pled guilty to an immigration charge when a federal investigation revealed that one of the company’s restaurant managers was an undocumented worker who provided the...more

Addressing Workplace Hazards: Law To Be Clarified By Alberta’s Highest Court

by Lindsay Mullen | Dentons on 12/17/2012

The Alberta Court of Appeal has agreed to hear an employer’s appeal of a judgment of the Court of Queen’s Bench which overturned acquittals, by a Provincial Court judge, of two charges under the Alberta Occupational Health...more

US Senate Increases Trade Secret Protections By Passing TTSCA

by Ashley Shaw | XpertHR - Partnered with LexisNexis on 12/6/2012

The US Senate recently approved the Theft of Trade Secrets Clarification Act (TTSCA) in an effort to eradicate a loophole brought to life in a recent Second Circuit case, US vs. Aleynikov, +676 F.3d 71. The new Act is...more

Corporate Responsibility for Human Trafficking & Five Steps that Your Company Can Take Right Now

by Foley Hoag LLP - Corporate Social... on 12/1/2012

In a landmark speech to the Clinton Global Initiative in September 2012, President Barack Obama declared that the “fight against human trafficking is one of the great human rights causes of our time” and that “our global...more

What Employers Should Know About Colorado’s New Marijuana Use Law

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/30/2012

On November 6, 2012, Colorado voters passed Amendment 64 to the Colorado Constitution by a 55 to 45 percent margin, making Colorado one of the first states in the nation to legalize the recreational use of marijuana. Prior to...more

I-502 – When the Smoke Clears, Nothing Changes in the Workplace

by Javier F. Garcia | Perkins Coie on 11/26/2012

On November 6, 2012, Washington state voters passed Initiative 502 (I-502), making it legal under state law for people in Washington to consume marijuana for recreational use. The intent of I-502 is to make the production and...more

Top 12 Immigration Mistakes Employers Made In 2012

by Shanon R. Stevenson | Fisher & Phillips LLP on 11/21/2012

Give your company the gift of an immigration audit this year – it may just keep your company off the government’s naughty list. Here are the top 12 immigration mistakes employers made in 2012...more

Appeals Court Rules on State Immigration Laws in Alabama and Georgia

by Justin S. Coffey, Andrew W. Merrills | Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/19/2012

In three separate decisions issued on August 20, 2012, the Eleventh Circuit Court of Appeals, applying the U.S. Supreme Court’s decision in Arizona v. United States, held that key provisions of state immigration laws passed...more

Proposed Cloud Computing Act of 2012 Would Aid Employers

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 11/16/2012

Employers should be aware that the Cloud Computing Act of 2012 was recently introduced in the US Congress as an amendment to the Computer Fraud and Abuse Act (CFAA). +2012 Bill Tracking S. 3569. It would aid employers by...more

New Guide Examines SEC and DOJ Enforcement of Foreign Corrupt Practices Act

by Marta Moakley | XpertHR - Partnered with LexisNexis on 11/15/2012

The Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) have released a comprehensive Resource Guide to the US Foreign Corrupt Practices Act (FCPA). The 120-page guide includes practical examples of...more

Don't Fear The Reefer: Legalization of Marijuana To Have Little Effect on WA Employers

by Fisher & Phillips LLP on 11/14/2012

On November 6, 2012, Washington became a national trailblazer when voters approved a state initiative legalizing the recreational use of marijuana (Colorado passed a similar law the same day). As of December 6, 2012, it will...more

Newark Ordinance Restricts Employers’ Use of Criminal Background Checks

by Morgan Lewis on 11/9/2012

Employers may not run criminal background checks until after a conditional offer of employment is made and may only run checks on those working in "sensitive" positions. Effective November 18, most employers that operate...more

Can Your Boss Tell You Whom To Vote For?

by Lawyers.com on 10/23/2012

With Nov. 6 drawing closer, the nation waits to see who will win the upcoming presidential election: Barack Obama or Mitt Romney. Debates, campaign commercials and bitter rants on Facebook all compete for people’s attention...more

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Criminal Law › Labor & Employment Law › Administrative Law