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Are Employers Required to Accommodate Theft under the ADA?

Reasonable accommodation of employee misconduct is not a new issue. But an unusual twist in a recent court ruling may require employers to accommodate employee theft under the Americans with Disabilities Act (ADA).

FCPA Enforcement Continues To Focus on Internal Controls

Several recent multi-million dollar settlements with companies to resolve bribery violations illustrate how the Securities and Exchange Commission (SEC) is keeping its focus on internal controls and the accounting provisions of the Foreign Corrupt Practices Act (FCPA) to police behavior and levy heavy fines and penalties. Using its authority to enforce regulations concerning company books, records and other "internal controls" means companies may find themselves in trouble not only for criminal conduct — such paying bribes — but for failing to detect illegal activity of their employees and foreign subsidiaries.

White House Issues Guidance for Preventing Sexual Assault on Campus

The White House is urging colleges and universities to take a more proactive approach to protecting students from sexual assault and recently announced new actions and guidelines in the first report of the White House Task Force to Protect Students from Sexual Assault.

Supreme Court To Decide Whether Employers Must Pay Workers for Security Checks

The U.S. Supreme Court recently agreed to hear a case brought by a group of temporary warehouse employees seeking pay for time spent going through mandatory security checks at the end of their work shifts. The workers are seeking back pay, overtime, and double damages under the Fair Labor Standards Act (FLSA) .

SEC Issues Updated Guidance on Conflict Minerals Just in Time for May 31 Deadline

The Securities and Exchange Commission (SEC) recently updated its answers to frequently asked questions from registered companies to provide additional guidance on disclosure requirements under its conflict minerals rule. The update clarifies the scope of corporate disclosure requirements related to whether their conflict minerals originated in the Democratic Republic of the Congo (DRC) or an adjoining country (Covered Countries) and the role of independent auditors. Below is a summary of the guidance issued.

First SEC Whistleblower Receives Additional $150,000 Payout

Two years after issuing its first payout under the whistleblower provisions of the Dodd-Frank Act of 2010, aggressive collection efforts by the Securities and Exchange Commission (SEC) have recovered an additional $500,000 penalty in the case. Accordingly, the whistleblower who helped the SEC successfully prosecute the multi-million dollar fraud case will receive an additional $150,000.

ED Approves Draft Rules for VAWA Amendments to Clery Act

The U.S. Department of Education (ED) is currently in the midst of devising new regulations for colleges to broaden their reporting of campus crimes, as part of last year's reauthorization of the Violence Against Women Act (VAWA), including the new Campus Sexual Violence Elimination Act (SaVE Act).

President Orders Changes to Labor Regulations to Expand Overtime Pay

An estimated 10 million workers stand to benefit from President Obama’s recent directive ordering the U.S. Department of Labor (DOL) to update its regulations making more workers eligible for overtime pay.

Harvard University Faces Federal Investigation of Title IX Violations

Two Harvard students recently filed a federal complaint with the U.S. Department of Education's Office for Civil Rights (OCR) about the university’s sexual-assault policies. According to the complaint, Harvard College — the university's undergraduate school — violated Title IX of the Civil Rights Act by providing victims with conflicting and incorrect information about available accommodations, denying them protections from their alleged assailants, blaming victims for the assaults and discouraging them from pursuing disciplinary action.

SEC Deadline for Conflict Minerals Rule Fast Approaching

Companies have until May 31, 2014 to comply with the conflict-minerals provisions of the Dodd-Frank law (Section 1502). Enacted in response to U.S. concern about funding violent activities in the Democratic Republic of the Congo (DRC) and adjoining countries (Covered Countries), Section 1502 seeks to ensure more responsible sourcing by U.S. companies of the minerals — particularly tantalum, tin, gold and tungsten — that often finance violence in the region.

ACC Alliance Partner
Thomson Reuters