Enforcement Guidance

News & Analysis as of

What Does the European Court of Justice's Invalidation of the U.S.-EU Safe Harbor Framework Mean For U.S.-Based Multinational...

In a landmark decision that will dramatically affect thousands of U.S. companies that transfer personal data from the European Union ("EU") to the United States, the European Union Court of Justice ("ECJ") yesterday...more

NYCCHR’s Enforcement Guidance on NYC Credit Check Law: Answers and New Questions

On September 2, 2015, the New York City Commission on Human Rights (NYCCHR or Commission) issued Enforcement Guidance (Guidance) on the New York City Stop Credit Discrimination in Employment Act (SCDEA), which took effect on...more

FCA releases new handbook instruments

FCA has published two new handbook instruments: - the Fees (FEES) (Alternative Dispute Resolution Competent Authority) (Financial Ombudsman Service) (FOS) Instrument 2015 inserts provisions on the FOS alternative dispute...more

FCC says blocking FCC-approved Wi-Fi hotspots is “patently illegal” and imposes $750,000 fine on Smart City.

Blocking Wi-Fi connections is “patently unlawful”. On August 18, 2015, the FCC announced a $750,000 civil penalty and formal Consent Decree with Smart City Holdings for blocking consumers’ personal Wi-Fi access at...more

DEC Explains New Enforcement Initiative to the New York Oil and Gas Industry

On September 30, 2015, the New York State Department of Environmental Conservation (DEC) held a public information session regarding DEC enforcement of regulations relating to Petroleum Bulk Storage (PBS), petroleum spills...more

DAA Begins Enforcing Its Guidelines for Mobile Advertising This Month: What You Should Know in Order to Prepare

Application of Self-Regulatory Principles to the Mobile Environment Effective September 1, 2015, the Digital Advertising Alliance (DAA) is now enforcing its Self-Regulatory Principles for Online Behavioral Advertising and...more

New OFAC Exposure? What Can Be Learned From Bank's Recent $1.7M OFAC Settlement for Investment-Related Transactions

Why it matters - Swiss-based UBS AG's agreement to pay more than $1.7 million to the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) underscores the scope of OFAC sanctions and the complications...more

FCC Guidance on Cellphones Puts the Squeeze on Medical Debt Collectors

In July, the FCC released an order it touted as strengthening “consumer protections against unwanted calls and texts.” It was a series of rulings based on the Telephone Consumer Protection Act meant to clarify the use of...more

US Department Of Justice Targets Corporate Individuals

DOJ announces tough new approach to the investigation and prosecution of corporate officers and employees. On September 9, in a major change to its approach to the investigation of alleged corporate crime, the US...more

Quirky Question #266: What’s up with Pregnancy Discrimination?

Question: Over the summer, we heard a lot about new guidance on pregnancy discrimination. What do we need to know to ensure we are complying with local, state, and federal laws on pregnancy discrimination?...more

New Department of Justice Enforcement Policy Focuses on Corporations Providing Evidence Against Individuals

On September 9, 2015, the U.S. Department of Justice (DOJ) issued a memorandum to federal prosecutors instructing them to increase their focus on the prosecution of individuals involved in corporate fraud and financial...more

OSHA Sets Sights on Health Care Facilities & Transgender Restrooms

The Occupational Safety and Health Administration (OSHA) was busy this past summer, announcing a host of new enforcement priorities.  Here we recap two: (1) combatting employee illness and injury at inpatient-care facilities;...more

Employment Alert (US): Guidance Clarifies NYC Employers’ Obligations Under Credit Check Law

The New York City Commission on Human Rights has issued interpretive enforcement guidance for the Stop Credit Discrimination in Employment Act . The SCDEA amended the New York City Human Rights Law and made it an...more

Justice Department Prioritizes Prosecution of Individuals for Corporate Misconduct in New Guidance

After prolonged criticism over its lack of prosecution of individuals responsible for corporate misconduct, the Justice Department has issued new internal guidance that makes clear that prosecuting individuals in white collar...more

“Individual Accountability for Corporate Wrongdoing”: The Yates Memo and the DOJ’s Focus on Individuals

On September 9, 2015, the Department of Justice issued a memo (“Individual Accountability for Corporate Wrongdoing”) to federal prosecutors nationwide implementing new policies that—for the first time—prioritize the...more

The New York City Commission on Human Rights Releases Enforcement Guidance on the Stop Credit Discrimination in Employment Act

Last week, the Stop Credit Discrimination in Employment Act became effective. It amended the New York City Human Rights Law to prohibit most employers from making employment decisions based on an employee or applicant’s...more

DOJ Announces New Policies Prioritizing Efforts to Pursue Individual Accountability for Corporate Wrongdoing

On September 9, the United States Department of Justice released a new policy memorandum entitled “Individual Accountability for Corporate Wrongdoing,” which is aimed at strengthening and prioritizing the Department’s pursuit...more

New York City Offers Guidance for Employers on the Use of Credit History in Employment Decisions

As we blogged about previously, Mayor Bill De Blasio signed into law the Stop Credit Discrimination in Employment Act (“SCDEA”) in May. The SCDEA went into effect on September 3, 2015 and it prohibits employers from using an...more

NYC Commission on Human Rights Releases Interpretive Enforcement Guide for the SCDEA

The Commission’s guide outlines narrow interpretation and recordkeeping requirements for employers seeking exemptions to the SCDEA, as well as guidance on enforcement and penalties for SCDEA violations....more

NYC Commission on Human Rights Issues Enforcement Guidance for Newly Effective Credit Check Law

On September 3, 2015, the amendment to the New York City Human Rights Law (“NYCHRL”) prohibiting the use of credit checks in employment (“Credit Check Law”) became effective. On the same day, the New York City Commission on...more

BMW Signs Consent Decree – Background Screening

BMW Manufacturing Co., LLC (“BMW”) entered into a consent decree with the Equal Employment Opportunity Commission (“EEOC”) regarding allegations that they discriminated against African American logistics employees through...more

FTC Finally Offers ‘Principles’ Governing Section 5 Powers, but Specific Guidance to Businesses Still Lacking

In 1914, Congress passed the FTC Act, creating the Federal Trade Commission. Section 5 of the FTC Act declared “unfair methods of competition in or affecting commerce” to be unlawful and gave the FTC enforcement power over...more

Employment Law Reporter – August 2015

THE INCREASING DANGER OF BACKGROUND CHECKS - New Laws and Emerging Privacy Rights Complicate an Already Difficult Process. The intersection of privacy laws and employment practices can be a dangerous one. Employers...more

FTC Issues First Statement of Enforcement Under Section 5 in 101 Years

On August 13, 2015, the Federal Trade Commission (“FTC” or “Commission”), by a 4-1 vote, approved a bipartisan “Statement of Enforcement Principles” (“Statement of Enforcement”),[1] which purports to shed light on the...more

That is SO last week - August 2015 #2

Pay was the big deal last week. A divided Securities and Exchange Commission voted to approve the CEO Pay Ratio Rule. The new rule requires publicly traded companies to disclose the ratio of their chief executive officer’s...more

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