Policies and Procedures

News & Analysis as of

New Florida Law: Police Departments Must Maintain Proper Protocols for Body Cameras

A new Florida law governing the use of body cameras by law-enforcement agencies has gone into effect, requiring top brass to establish guidelines for the training of officers and use of the devices, as well as the retention...more

CFPB's Office of Minority and Women Inclusion Issues Annual Report

The Consumer Financial Protection Bureau (CFPB)'s Office of Minority and Women Inclusion (OMWI) has issued its third annual report to Congress covering the OMWI's activities in 2015. The Dodd-Frank Act required the CFPB and...more

New HIPAA Phase 2 Audits: Targets Notified by Email Only

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) recently announced the long-awaited launch of Phase 2 of its HIPAA Audit Program (Phase 2 Audits). The Phase 2 Audits will review the policies...more

Charter Defeats TCPA Class Action Based Upon Safe Harbor Provision

In Simmons v. Charter Communs., Inc., No. 15-cv-317, 2016 U.S. Dist. LEXIS 42091 (D. Conn. March 30, 2016), the District of Connecticut granted summary judgment in favor of Charter Communications in a putative class action...more

Los Angeles Votes to Enact Paid Sick Leave Policy

The Los Angeles City Council voted in favor of adopting a paid sick leave ordinance which, if approved, would provide six days of paid sick leave per year, with carry-over of 72 hours. An exemption for small employers was...more

Florida Law Mandates Police Body Camera Policies—Then Lets Agencies Fend for Themselves

Police body cameras are the hot new item on the procurement “wish lists” of law enforcement agencies at all levels of government. Following well-publicized police encounters with citizens throughout the United States,...more

Several New Worker's Compensation Provisions Favorable to Wisconsin Employers

Wisconsin Governor Scott Walker signed into law several new employer-friendly 2016 amendments to the state’s Worker’s Compensation Act. In addition to cutting the statute of limitations for traumatic injury claims in half,...more

OSHA Injury & Illness Recording of Intoxicated Employee Injury

A recent OSHA Interpretation indicates that a workplace injury an employee sustains when he/she is intoxicated must be recorded on the company’s OSHA Injury and Illness Log. OSHA stated that the exception for recording...more

New Proposed Rules on Banker Incentive Compensation Released

The National Credit Union Administration, or NCUA, became the first of six Agencies to unveil a revised rule proposal under Section 956 of the Dodd-Frank Act: prohibiting incentive-based payment arrangements that the...more

Managing Requests for Access to Personnel Records

These days, employee information is stored in many different places. We’ve got emails, HR files, desktops, desktop folders, employer-owned HR systems, cloud-based HR systems, manager files, health and leave files and...more

European Parliament Adopts EU General Data Protection Regulation; 12 Steps Businesses Should Take Now

The European Parliament has voted to adopt the draft text of the General Data Protection Regulation (GDPR), which imposes enhanced requirements on organizations processing personal data in the European Union and transferring...more

FDIC Provides Commentary on Responsibilities and Duties of Banks’ Boards of Directors

On April 5, the FDIC issued a special Corporate Governance Edition of its Supervisory Insights publication titled, “21st Century Reflections on the FDIC Pocket Guide for Directors.” The new edition provides guidance to...more

What Your Employees Download Can Cost You Protecting Against Copyright Infringement

Liability for copyright infringement can be a very costly matter. The scary part for businesses is that liability for copyright infringement can arise very easily and often without the knowledge or participation of...more

CFPB’s Office of Minority and Women Inclusion issues annual report

The CFPB’s Office of Minority and Women Inclusion (OMWI) has issued its third annual report to Congress covering the OMWI’s activities in 2015. The Dodd-Frank Act required the CFPB and various other federal agencies,...more

Sabbaticals Aren’t Just for Academics Anymore

Sabbaticals have been traditionally used in the academic setting to give university teachers one year of paid leave to study or travel for every seven years worked. Now some private, nonacademic employers—particularly in the...more

5 Ways Training on Your Compliance Policies Can Protect Your Organization

We write a lot about the importance of creating, implementing and managing the right policies. But implementation is only half the battle. If you don’t give your employees thorough, effective and regular training on them, you...more

Russia's New Personal Data Localization Requirements

Employers in Russia and companies doing business in Russia should be prepared to comply with recently enacted requirements governing storage and processing of the personal data of Russian citizens, which are designed to...more

California AG Harris Announces Settlement with San Francisco-Based Bank Over Consumer Privacy Violations

On March 28, California AG Harris announced an $8.5 million settlement with a San Francisco-based bank for alleged violations of California consumer privacy laws. Specifically, AG Harris’s and five district attorneys’...more

Tax Court Introduces Common Books of Authorities Project

The Tax Court has implemented a new common books of authorities program for its Toronto courtrooms that will eliminate the need for taxpayers to print copies of certain frequently-cited (and lengthy) authorities. The pilot...more

MMBA Factfinding Applies to All Negotiations Resulting in Impasse

Not Just Negotiations for a Comprehensive MOU - The factfinding procedures required by the Meyers Milias Brown Act apply to all negotiations which reach impasse, not just those arising from negotiations for a...more

California Employers: New Requirements In Effect April 1, 2016. Is Your Harassment/Discrimination Policy Ready?

On April 1, 2016, recent changes by the California Fair Employment and Housing Council to the regulations implementing the state’s Fair Employment and Housing Act (FEHA) took effect. Among the changes are an expanded training...more

FinCEN Supplements 2011 FAQs Regarding Prepaid Access

On March 24, FinCEN issued FIN-2016-G002 to supplement guidance issued in 2011 regarding aspects of its Prepaid Access Final Rule. FIN-2016-G002 provides answers to a list of frequently asked questions related to the...more

Appeals Procedures for Tax Court Cases

The Internal Revenue Service (Service) on March 23, 2016, issued Revenue Procedure 2016-22 which clarifies and describes the practices for the administrative appeals process in cases docketed in the United States Tax Court...more

New California Regulations Regarding Discrimination, Harassment and Pregnancy Disability Leave

New California anti-discrimination, anti-harassment, and pregnancy disability leave regulations went into effect on April 1, 2016.  The substantive law regarding these issues has not changed.  However, the new amendments...more

FinCEN Releases Additional FAQs on Prepaid Access Rule

On March 24 FinCEN issued a second set of the Frequently Asked Questions meant to clarify key questions that have persisted regarding compliance with the Prepaid Access Rule. The FAQs covered five questions....more

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