Legal Drivers for Compliance Training
In addition to a plethora of industry-specific laws and regulations, a growing number of federal, state and local laws impose compliance requirements on organizations in almost all industries and of almost all sizes. Consider how many of the following federal laws apply to some or all parts of your organization:
General Business
- Code of Conduct and Ethics: The Sarbanes-Oxley Act requires publicly traded companies to have a Code of Conduct and Ethics and to ensure that all employees understand their responsibilities under the Code.
- Fair Competition: U.S. antitrust laws and their EU and Canadian counterparts (so-called "competition laws") apply to organizations of all sizes.
- Anti-Corruption: The Foreign Corrupt Practices Act (FCPA) applies to organizations of all sizes.
- Anti-Money Laundering: The USA PATRIOT Act requires all "financial institutions" to train employees in recognizing and preventing money laundering.
- Securities Trading: The federal laws prohibiting insider trading and "selective disclosure" of material, nonpublic information apply to organizations of all sizes.
- Foreign Trade: The Office of Foreign Assets Control (OFAC) sanctions programs and trade embargoes apply to organizations of all sizes.
- Imports/Exports: The U.S. customs and export-control laws and regulations apply to organizations of all sizes.
The Workplace
- Workplace Discrimination and Harassment: Title VII of the Civil Rights Act of 1964 (covering discrimination on the basis of race, color, sex, religion or national origin), the Pregnancy Discrimination Act and the Americans with Disabilities Act (ADA) apply to organizations with 15 or more employees.
- Age Discrimination: The Age Discrimination in Employment Act (ADEA) applies to organizations with 20 or more employees.
- Wage/Hour Issues: The Fair Labor Standards Act (FLSA) and the Equal Pay Act apply to organizations with an annual volume of business of $500,000 or more.
- Employee Leave: The Family and Medical Leave Act (FMLA) applies to organizations with 50 or more employees during at least 20 workweeks per year.
- Immigration: The Immigration and Nationality Act (INA) applies to organizations of all sizes.
Data Privacy and Security
- Personal Health Information: The Health Insurance Portability and Accountability Act (HIPAA) applies to organizations of all sizes whose activities involve the use or disclosure of personal health information.
- Financial Information: The Gramm-Leach-Bliley Act (GLBA) applies to organizations of all sizes that provide any type of banking, lending, securities, insurance or trust services to consumers.
- Consumer Information: The Fair and Accurate Credit Transactions Act (FACTA) applies to organizations of all sizes that maintain or service personal accounts for which there is a foreseeable risk of identity theft.
- Personal Information Received from the EU: The U.S. Commerce Department's "Safe Harbor" program applies to organizations of all sizes that receive personal information from the European Union, Switzerland and Canada.
- Immigration: The Immigration and Nationality Act (INA) applies to organizations of all sizes.
Health and Safety
- Employee Injuries and Illnesses: The Occupational Safety and Health Administration (OSHA) requires most organizations with more than 10 employees to keep injury and illness records and requires organizations of all sizes to report any workplace incident that results in a fatality or the hospitalization of three or more employees.
- Environmental Health: Most environmental-health laws and regulations (e.g., CERCLA and RCRA) apply to organizations of all sizes.
