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California Delivery Drivers Gain Employee Status Despite Independent Contractor Agreements

On June 16, the U.S. Court of Appeals for the Ninth Circuit ruled that home-delivery drivers who transported furniture and appliances for a leading transportation and logistics company under independent contractor agreements should be treated as the company’s employees under California law. A copy of the decision is available here.

10 Tips for Encouraging Internal Misconduct Reporting

While many employers may feel uncomfortable in the face of headlines touting significant whistleblower payouts under provisions of the Dodd-Frank Act of 2010, the False Claims Act (FCA) and other federal laws, studies show that most whistleblowers attempt to first report their concerns internally before approaching the federal government.

12 Tips for an Effective Due Diligence Program for Third Parties

In an evolving global economy, expanding business opportunities often lead to more complex supply channels and business relationships that can increase corruption risks and burden efforts to comply with the applicable laws around the world. Organizations that fail to implement anti-bribery and anti-corruption programs face significant financial and criminal penalties for violating a number of U.S. laws, as well as the laws of other countries in which they do business. Furthermore, many of these laws — such as the U.S. Foreign Corrupt Practices Act (FCPA) — hold organizations accountable for violations incurred by their subsidiaries and/or third parties acting on their behalf.

Supermarket Chain Takes $536,000 Hit for Bungling FMLA Request

A former employee of a Connecticut supermarket chain was recently awarded approximately $536,000 in a wrongful-termination suit filed after he was fired when he took time off for back surgery. A jury found the supermarket chain guilty of violating the federal Family and Medical Leave Act (FMLA) and a provision of the state Workers' Compensation Act when it denied the former employee's claim of a job-related injury, refused to allow light-duty accommodations after his surgery and thereafter terminated him for making such requests.

5 Steps To Protect Patent Rights and Avoid Infringement Liabilities

Last year, the U.S. Supreme Court heard the highest proportion of intellectual property (IP) cases in history. According to a recent study by Lex Machina, a provider of legal analytics, the rise in patent litigation will continue.

Recruiting Practices of Big Tech Companies Result in Antitrust Violations

Since 2010, the U.S. Department of Justice's (DOJ) Antitrust Division has carried out a series of investigations into a number of high-tech companies accusing them of playing by their own rules and stifling competition with "no cold call" agreements. “No cold call” is basically the practice whereby companies agree not to recruit each other’s highly skilled employees and conspire to fix and restrict their salaries at below-free-market rates. DOJ claims such agreements illegally allocate employees among competing employers and distort the competitive process in violation of federal antitrust laws.

Survey Shows U.S. Organizations Need More Improvement To Counter Cybercriminals

Despite a surge in both the number of detected cybersecurity incidents and the financial costs associated with such breaches, a new report shows that U.S. organizations lack the necessary defenses to effectively counter evolving cybersecurity threats.

8 Steps to Ensure Campus SaVE Act Compliance by October 1

On October 1, colleges and universities submitting their Annual Security Reports (ASRs) under the Clery Act must also comply with the requirements of the Campus Sexual Violence Elimination Act (Campus SaVE Act). As part of the revised Violence Against Women Act (VAWA), the Campus SaVE Act expands the information institutions must publish in their annual crime reports to include acts of domestic violence, dating violence and stalking, and imposes new disciplinary and educational requirements regarding sexual misconduct and related offenses.

10 Tips for Creating an Effective Social Media Policy

A controversial tweet posted by a Kansas University professor last fall in response to the shootings at the Navy Yard in Washington, D.C. resulted in the Kansas Board of Regents’ adoption of a revised social media policy. The new policy has caused its own share of controversy.  Critics claim the new policy imperils free speech and is too vague under the National Labor Relations Act (NLRA).

6 Tips for Avoiding Wage-and-Hour Claims under the FLSA

Wage-and-hour lawsuits continue to be the biggest source of liability for employers under the Fair Labor Standards Act (FLSA), according to data recently released by the Federal Judicial Center, the education and research agency for the federal courts. The twelve-month reporting period ending  March 31, 2014 set another record for the number of wage -and- hour cases filed in federal courts —8,126 —representing a 5% increase over the previous year and a striking 438% increase over the last 15 years.

ACC Alliance Partner
Thomson Reuters