Inspections

News & Analysis as of

MassDEP Rolls Out Third-Party Inspection Program Beginning January 2015

MassDEP’s 2014 reforms to the solid waste regulations include new requirements for third-party inspections of solid waste facilities. These changes reflect an effort by MassDEP to privatize the inspection and policing...more

Responding to Stockholder Inspection Demands Under Delaware Code § 220

Delaware Code § 220 gives stockholders the right to inspect a corporation’s books and records, but that right is subject to certain important limitations that have developed in the Delaware caselaw. When a corporation is...more

You Aren't Entitled to "Original" Corporate Records When Making A Shareholder Inspection Request

When is the last time that you needed an "original" document for a trial? Maybe never. The Rules of Evidence permit the admissibility of "duplicates."...more

Business Lit Ledger -- Fall 2014

In This Issue: - Promoting the False Claims Act By Dismissing Meritless Qui Tam Actions -Delaware Supreme Court Extends Shareholder Books and Records Inspection Rights to Privileged Internal Investigation...more

MOL inspector’s grievance gives glimpse into MOL’s after-hours accident response process

Ministry of Labour managers have discretion as to whether to send out an inspector when an employer calls after-hours about a workplace accident, a recent decision suggests. An MOL inspector filed a grievance under his...more

USCIS Rolls Out Full-Scale Implementation of L-1 Site Visit Program: Employers of L-1 Transferees Should Now Set up Processes to...

U.S. Citizenship and Immigration Services’ (USCIS) Fraud Detection and National Security (FDNS) Directorate has recently begun implementation of an L-1 site inspection program in response to an August 2013 report released by...more

Time to Prepare for an On-Site FMLA Investigation

Employers can expect more on-site audits from the U.S. Department of Labor (DOL) as part of its normal procedures in investigating Family and Medical Leave Act (FMLA) violations, according to statements made by FMLA Branch...more

Federal Government Expands Enforcement of Immigration Laws through Site Inspections and Employee Interviews

USCIS’s Fraud Detection and National Security (FDNS) Directorate is expected to begin full-scale implementation of an L-1 site inspection program in the near future. FDNS conducts unannounced administrative site visits...more

Surprise Site Visits for L-1 Employers Expected

Fraud Detection and National Security (FDNS), a faction of U.S. Citizenship and Immigration Services (USCIS), confirmed recently in a stakeholder teleconference that the FDNS plans to start making surprise visits to employers...more

France’s Data Protection Authority unveils its inspection targets for 2014

The French Data Protection Authority (the CNIL) has announced its 2014 inspection targets, with the goal of reaching 550 inspections for the year. Last year, the CNIL carried out 414 inspections. Capitalizing on a...more

Legal Update: Government Precondemnation Entry and Inspection – A Review of Property Reserve, Inc. v. Superior Court (2014)

There are four ways the government can enter onto private property: - It has permission of the property owner. - In an emergency (Tenth Amendment/police power). - It has a search warrant, based on...more

6 Tips To Help You Purchase Your Next Home

1. Before you begin looking for a home, get yourself pre-approved - Who wants to look at houses when at the end of the day, you will never be able to swing the payment? Contacting a mortgage professional will give you...more

How to Be Prepared if a Non-Employee Union Agent Shows Up with OSHA at an Inspection

As we discussed in a previous post, the Occupational Safety and Health Administration (OSHA) issued an interpretation letter last year stating that non-employee union organizers or community activists could “represent”...more

Buyers Beware: Little Known Pittsburgh Building Code Ordinance Can Present Expensive Problems

Commercial property buyers, landlords and tenants should be aware that a little known City of Pittsburgh ordinance requires building owners to conduct periodic inspections of building façade exteriors in the City. Many...more

Class Action Proceeds Against MOL For “Negligent Inspection”

In a case that will be closely watched, an Ontario judge has permitted a class action lawsuit against the Ministry of Labour for “negligent inspection” of a workplace....more

MOL Inpector Had Not “Pounced” After Putting Employer At Ease About Possible OHSA Charges: Court

An inspector’s alleged statement that, “our branch is different up here. I know in southern Ontario they fine, fine, fine. But we don’t do that here” was not a promise that he wouldn’t lay charges under the Occupational...more

Subchapter M - Inspecting the Uninspected

On September 10th of this year, the President and CEO of the American Waterways Operators (AWO) appeared before the House Subcommittee on Coast Guard and Maritime Transportation and called for finalization by late 2013 or...more

Ordinance Authorizing Warrantless Inspections of Hotel Records is Unconstitutional

Motel owners challenged a Los Angeles Municipal Code provision requiring hotel guest records to be made available to any Los Angeles Police Department officer for inspection. The United States Court of Appeals for the Ninth...more

Proposed OSHA Workplace Data Program Could Lead to More Targeted Employer Inspections

OSHA has issued a proposed regulation that, for the first time ever, would require certain employers to submit workplace injury and illness data directly to OSHA in electronic format. After being submitted, the data would...more

China to Relax the Corporate Registered Capital System and Reform the Annual Inspection Process

The government is moving in a direction to make the corporate formation and supervision process more user-friendly. Two key changes are expected to happen in the near future. The first is the abolishment of the registered...more

USCIS Site Visits – Expanding to L-1 Petitioners

The United States Citizenship and Immigration Service (USCIS) created and implemented the Administrative Site Visit and Verification Program (ASVVP) in July 2009, under which it conducts unannounced site inspections at the...more

Labor Letter - November 2013: How To Manage An OSHA Inspection

Many articles on handling OSHA inspections provide the same basic guidelines and little explanation of why an employer should take certain steps. Readers already know to take photos whenever the Compliance Officer takes...more

Steering Away the Trojan Horse: Lessons from Worksite Enforcement Actions

The estimated number of illegal immigrants in the United States exceeded 11 million as of 2011, and many reports state that number has grown since then. Tying numbers to economic conditions, more recent studies report that...more

Delaware Master Recommends Dismissing Books and Records Request by Activist Shareholder

On August 16, 2013, a master in chancery issued a draft report recommending that the Delaware Chancery Court dismiss a request by an activist stockholder to inspect the books and records of a large corporation that produces...more

What to Do When the Privacy Regulator Comes Knocking on Your Door? A Short Guide to Handling Inspections and Data Protection...

Inspections and data protection audits from regulators are on the rise across Europe, and this trend is likely to continue. The latest figures for 2012 show that the French data protection authority (Commission Nationale de...more

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