Compliance

Compliance programs typically refer to formalized institutional procedures within corporations and organizations to detect, prevent and respond to indvidual and widespread instances of regulatory... more +
Compliance programs typically refer to formalized institutional procedures within corporations and organizations to detect, prevent and respond to indvidual and widespread instances of regulatory violations.  In response to many corporate scandals evidencing rampant unethical business practices, many nations, including the United States, began passing strict regulatory frameworks aimed at curbing these abuses. Notable pieces of legislation in this area include the U.S. Foreign Corrupt Practices Act (FCPA), Sarbanes-Oxley (SOX), and the U.K. Bribery Act, to name a few. The foregoing statutes and the severe penalties often associated with them form the basis of many modern institutional compliance programs. less -
News & Analysis as of

New Oregon Law Mandates Sick Leave Policy for Most Employers - Oregon Enacts Mandatory Paid Sick Leave Effective Jan. 1, 2016

On June 23, 2015, Oregon Gov. Kate Brown signed into law Senate Bill 454, which mandates statewide mandatory paid or unpaid sick leave for virtually all Oregon workers. Oregon joins California, Connecticut and Massachusetts...more

DOL Publishes the Proposed Revisions to the White Collar Regulations and Sets a Deadline to Submit Comments

On July 6, 2015, the proposed rule issued by the Department of Labor to revise the “white collar” overtime exemptions was published in the Federal Register, available here. The DOL has established a 60-day period for the...more

IHSA and Attorney General Reach Agreement on Participation of Student Athletes with Disabilities

In late June, the Office of the Attorney General (OAG) and the Illinois High School Association (IHSA) reached an agreement, settling two pending federal court cases, aimed at ensuring that student athletes with disabilities...more

Confederate Flag Controversy & Fostering Respectful Workplace Conversations

Best practices for fostering respectful workplace conversations. Considered a symbol of Southern pride by some and a symbol of racism by others, the Confederate flag has been a source of extreme controversy for at least...more

Individual Accountability at UK Financial Institutions - All Change

The new UK senior managers regime, which will come into force on 7 March 2016, is part of a major overhaul of the accountability regime for individuals working in UK banks and investment firms (firms). Overview...more

SEC Announces Compliance Date for Pay-to-Play Rule

Despite the July 31, 2015 compliance date, the SEC will not enforce the third-party solicitation ban until corresponding FINRA/MSRB Rules take effect. On June 25, 2015, the Securities and Exchange Commission (SEC)...more

4 Key Benefits of Compliance Technology: How to Build the Business Case for Investing in Modern Compliance Technology

Let’s face it, we live in a technological world where we expect to get more intelligent information faster than ever before. Yet compliance functions are still spending a disproportionate amount of time collecting data with...more

SEC Seeking Comment on Possible Revisions to Audit Committee Disclosures

The SEC has issued a concept release to seek public comment regarding audit committee reporting requirements, with a focus on the audit committee’s reporting of its responsibilities with respect to its oversight of the...more

Upper Tribunal Upholds FCA's Decision To Fine And Prohibit Financial Adviser For Poor Record Keeping And Compliance Failures

We consider here the decision of the Upper Tribunal (Tax and Chancery Chamber) in which the tribunal upheld the FCA's decision to fine and prohibit a financial adviser, Clive Rosier, for poor record keeping and compliance...more

Benchmarking Bribery & Corruption: Compliance Progress & Frustration

In 2014 I wrote about the Kroll and Compliance Week 2014 Anti-Bribery and Corruption Benchmarking Report, subtitled Untangling the Web of Risk and Compliance. I found the 2014 Report to be extremely relevant and engaging,...more

[Event] Why Anti-Bribery Programs Fail and How Compliance Must Evolve - July 23, New York, NY

In a “Catch Me If You Can” like panel, a former US and UN prosecutor and former FCPA violator/ turned cooperator discuss the realities of corporate anti-bribery compliance. It’s not often that compliance officers are...more

The All-Star Game and Tone at the Top

Quite simply, any compliance program starts at the top and flows down throughout the company. Before you arrive at tone in the middle and bottom, it must start with a commitment at the top. All regulatory schemes for...more

Deadline For Compliance With New California Industrial General Permit For Stormwater Is A Week Away (July 1, 2015)

On July 1, 2015, the new California Industrial General Permit for Stormwater (General Permit) will take effect and along with it come a host of new compliance obligations. Chief among those obligations is the completion and...more

Healthcare Law Update

Governing boards of health care organizations can greatly benefit from reading a recently released educational document that presents practical tips for board members responsible for overseeing their organizations’ compliance...more

First look at the Department of Labor's proposed overtime regulation

After President Obama announced in an op-ed on Monday that it was coming soon, the US Department of Labor's Wage & Hour Division published its long-awaited proposed overtime regulation. This proposed regulation addresses the...more

DOL Proposes to Raise Minimum Salary for White Collar Exemptions

The Department of Labor announced a proposed rule that would raise the minimum salary for the white collar exemptions under the Fair Labor Standards Act (FLSA) from its current level of $455 per week ($23,660 annually) to...more

Cultural and Bottom Line Impact of Rudeness in the Workplace Is Real—and on the Rise

In her recent opinion piece in The New York Times, No Time to Be Nice at Work, Christine Porath asserted that, “how we treat one another at work matters. Insensitive interactions have a way of whittling away at people’s...more

Tone At The Middle: Tone At The Top Is Important, But Tone At The Middle Is Also An Influential Driving Factor

We all know that “tone at the top” is a critical component of a successful compliance program — it’s mentioned as a hallmark in the Resource Guide to the U.S. Foreign Corrupt Practices Act and you see it in headlines, white...more

DOL Raises Pay for Some Exempt Status Employees - Employers Will Need to Pay Overtime Wages to More White Collar Employees

On June 30, 2015, the U.S. Department of Labor (DOL) released a proposed rule updating overtime regulations for executive, administrative and professional employees (commonly referred to as white collar employees). The DOL...more

Proposed DOL Rule Seeks to Require the Provision of Overtime Pay to Millions of Additional Employees

The Department of Labor (DOL) has announced a proposed rule that would amend the executive, administrative and professional exemptions under the Fair Labor Standards Act (FLSA). The exemptions exclude workers in such...more

The Much-Anticipated Proposed Overtime Regulations Would Extend Overtime Protection to Nearly 5 Million Workers in 2016

The U.S. Department of Labor (“DOL”) announced a much-anticipated proposed rule that, among other things, more than doubles the salary threshold required for an employee to qualify as exempt from overtime pay under Fair Labor...more

Channeling John Steed in Your Tone in the Middle

Today we honor a great English actor from one of the 1960s signature television series. Last week, Patrick Macnee died. He was one-half of the crime-fighting duo on The Avengers. As reported in his New York Times (NYT)...more

Department of Labor Proposes New Rule for Overtime Protections

On June 30, 2015 the U.S. Department of Labor announced a proposed rule to update the regulations governing which "white collar workers" are exempt from the Fair Labor Standard Act's minimum wage and overtime pay...more

FCPA Compliance and Ethics Report-Episode 174-Matt Kelly on Dodd-Frank, Uber and Upcoming Compliance Week events [Video]

In this episode I visit with Compliance Week Editor Matt Kelly on how Dodd-Frank is working and affecting financial services, Uber and the recent ruling from the California Labor Board finding one Uber driver an employee and...more

Deadline Extension For California’s Industrial Storm Water Permit

The new California Industrial General Storm Water Permit (IGP) is scheduled to take effect on July 1, 2015. That date was also the deadline for facilities already operating under the previous 1997 IGP to submit any updates to...more

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