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.
Google’s decision to make public its employee diversity data broadens the conversation on this important issue beyond Silicon Valley.
Even when an applicant’s disability appears directly related to job performance, employers may not reject the applicant based on that condition. Employers who do may be subject to significant fines and other legal consequences for failing to comply with the Americans with Disabilities Act (ADA).
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 Chief Helen Applewhaite, at a recent FMLA/ADA compliance conference.
The Internal Revenue Service (IRS) will have more leverage over those seeking to minimize their tax bills by moving assets outside the U.S. when the Foreign Account Tax Compliance Act (FATCA) takes effect on July 1, 2014. Enacted in 2010, FATCA is aimed at combating international tax-dodging schemes by U.S. taxpayers and businesses that cost the U.S. Department of the Treasury an estimated $100 billion each year. Approximately 77,000 banks and financial institutions have already registered under FATCA, and 70 countries have agreed to assist the U.S. in enforcing the statute.
With over $1.5 billion in fines assessed by the U.S. Securities and Exchange Commission for violations of the Foreign Corrupt Practices Act (FCPA) since 2010, corruption concerns are playing a larger role in corporate decisions, according to this year’s State of Anti-Corruption Compliance Survey from Dow Jones Risk & Compliance.
Mary Jo White, chairwoman of the U.S. Securities and Exchange Commission (SEC), and James Comey, director of the Federal Bureau of Investigation (FBI), recently discussed enforcement trends and offered advice on how companies can avoid violating federal laws, at the New York City Bar Association’s third annual White Collar Crime Institute.
The Financial Crimes Enforcement Network (FinCEN), an arm of the U.S. Department of Treasury, recently fined a Miami-based money services business (MSB) and its owner $10,000 for failing to implement proper anti-money laundering (AML) controls in violation of the Bank Secrecy Act (BSA). Charges include failing to register as a MSB and willfully violating the BSA's program, reporting and recordkeeping requirements.
Following over two years of comment and debate, the final Volcker Rule officially went into effect on April 1, 2014. While most banks have until July 21, 2015 to reach Volcker Rule compliance, those with over $50 billion in consolidated trading assets and liabilities are required to report to regulators beginning June 30, 2014.
Technology allows businesses around the world to easily communicate and access data, increasing both business opportunities and worker productivity. However, this same technology also makes corporate data more vulnerable to theft and harder to protect. Lost or stolen data has significant financial repercussions; misplaced devices or server crashes are estimated to cost the average business $586,000 a year. Data theft was recently estimated to cost companies $250 billion a year, according to the National Crime Prevention Council.