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Employers Face New Restrictions on FMLA Notice Delivery

Following the Third Circuit Court of Appeals' rejection of the "Mailbox Rule," employers face new delivery restrictions when providing employees with Family and Medical Leave Act (FMLA) paperwork. The “Mailbox Rule” presumes a letter will reach the person to whom it is addressed once deposited with the U.S. Postal Service. The rejection of this rule means that first class mail is no longer a viable delivery option for employers.

NY Financial Regulators Push Institutions to Tighten Cybersecurity

Following a string of publicly disclosed cyberattacks against both retailers and financial institutions, New York's top financial regulator called on the financial sector to be more proactive in its cybersecurity efforts. A letter issued to dozens of banks and brokerage houses by Benjamin Lawsky, Superintendent of the New York State Department of Financial Services (DFS), urged institutions to close the gaps in their cybersecurity practices.

Operation Fashion Police Fights Money Laundering in L.A.'s Fashion District

On September 10, approximately 1,000 federal agents raided Los Angeles' fashion district, seizing documents, electronic data and approximately $90 million in cash, with nine people arrested for alleged money laundering violations. Carried out by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations unit (HSI) as part of its "Operation Fashion Police," the raid was aimed at uncovering money laundering operations by Mexican drug cartels within the city's fashion district.

Federal Government Discriminates Against Transgender Employee

The U.S. Office of Special Counsel recently announced that a federal government agency violated Title VII of the Civil Rights Act of 1964 by discriminating against an employee who transitioned from male to female in 2010.

EEOC Roundup: October 2014

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because he or she made a discrimination complaint, filed a charge of discrimination, or participated in an employment-discrimination investigation or lawsuit.

OSHA Launches National Dialogue to Update Hazardous Substance Standards

The Department of Labor's Occupational Safety and Health Administration (OSHA) recently launched a national dialogue aimed at revising its permissible exposure limits (PELs) to more effectively prevent the adverse effects of working with hazardous substances. As the first step in this discussion, the agency called on relevant stakeholders to provide information on their current management practices for hazardous chemical exposure in the workplace and suggested strategies for updating OSHA's PELs.

10 Tips for Using Social Media during the Hiring Process

Many human resource professionals go beyond the use of traditional resumes, references and face-to-face interviews and turn to social media to gain additional insight into a candidate's qualifications and personality. However, while these websites may appear to be a quick and easy resource for assessing job applicants, they also contain information that — if used improperly — can lead to violations of state and federal anti-discrimination laws. Therefore, employers may find that the potential legal risks far outweigh the convenience of using social media to evaluate job applicants.

SEC Charges Ex-Compliance Officer with Altering Documents

Government regulators have been increasingly willing to hold individuals personally liable for their role in compliance failures. Therefore, it is no surprise that the Securities and Exchange Commission (SEC) recently brought charges against a former bank employee for her failure to properly detect and report insider trading violations while acting as the bank's compliance officer. In fact, the SEC claims the officer not only overlooked suspicious activity, but attempted to conceal her mistake by altering a document before submitting it to the agency during an insider trading investigation.

OFCCP Looks to Eradicate Pay Discrimination with Proposed Pay Transparency Rule

On September 15, 2014, the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) released a Notice of Proposed Rulemaking in connection with the mandates set forth in Executive Order 13665 (EO 13665). If adopted, the proposed rule would prohibit a federal contractor or subcontractor from maintaining what are known as "pay secrecy" policies banning the discussion of compensation among employees.

SEC Obtains Over $4 Billion for Securities Violations in 2014

Following the end of its fiscal year on September 30, the Securities and Exchange Commission (SEC) reported that FY 2014 was notable not only for the record number of enforcement actions filed, but for the wide range of matters covered, many of which were addressed for the first time ever.

ACC Alliance Partner
Thomson Reuters