Does Proposed Outsourcing Accountability Act Actually Create Accountability for Outsourcing?

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Rep. Gary Peters (D-Mich.) introduced legislation that would require U.S. public companies with annual gross revenues of $1 billion or more to disclose the number of U.S and overseas workers they employ.

Public companies currently must report total employment figures in annual reports filed with the Securities and Exchange Commission. The Outsourcing Accountability Act of 2012 (H.R. 3875), co-sponsored by Reps. Tim Bishop (D-N.Y.) and Rep. Jerry McNerney (R-Calif.), would amend the Securities Exchange Act of 1934 to require companies to report annually, to both the SEC and shareholders, the total number of their employees (and of each of their consolidated subsidiaries) “physically working in and domiciled in any country other than the United States”, broken down by country, as well as the percentage increase or decrease in such numbers from the prior reporting year. The act would also require similar reporting with respect to employees domiciled in the United States.

In addition to “smaller” companies – those with less than $1 billion in annual gross revenue – the bill also exempts “newer public companies” from reporting for the first five years after they are first required to file reports with the SEC.

While, according to a press release on Rep. Peters’ website, the bill “would give consumers and investors the information they need to support American jobs and hold outsourcers accountable,” the bill appears to create minimal accountability for outsourcing, since most traditional outsourcings involve the transfer of the outsourced activities from the employees of the company to the employees of the outsourcer. As a result, the reporting requirements of the bill would not accurately capture employee reductions due to traditional outsourcings.


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Published In: Business Organization Updates, Finance & Banking Updates, International Trade Updates, Securities Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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