In this issue: how to proactively avoid fines and lawsuits by building an ethical office culture. Also, a glimpse into the compliance realm of 2020 and what can be learned from the Wal-Mart bribery scandal.
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The ROI of Ethical Culture Within the Workplace
Building a culture based on ethics can save companies more than just the hefty cost of fines. A bigger benefit involves results. Scott Killingsworth, an Atlanta-based partner at law firm Bryan Cave, says surveys show that people at ethical firms go beyond the call of duty and stay at the company longer. Read on to learn how to create an ethical office culture.
Investors.com, "Build Ethical Culture With Examples and Communication," By Steve Watkins
Compliance in the Year 2020
Today, compliance and ethics are in the midst of a transformation and the pressure placed upon organizations is requiring them to rethink the approach and role of compliance across the enterprise. Read on to learn what these factors, trends and forces suggest for the future of ethics and compliance.
GRC 20/20, "Compliance in the Year 2020," By Michael Rasmussen
What is a Board's Responsibility for Compliance?
Every corporate director's worst nightmare is to wake up only to find that the company of the Board he or she sits on is on the front page of the New York Times for alleged illegal conduct. Keep reading to learn more about Wal-Mart's nightmare becoming a reality and best practices of corporate governance to follow to prevent retracing their footsteps.
FCPA Professor, "What is a Board's Responsibility for Compliance?" By Thomas Fox
In Case You Missed It: Compli Hiring Webinar Series
Part 1: The First Step in Effective Hiring
Good hiring decisions pay off in many ways, some far less obvious than others. In fact, often times employment litigation can be avoided by simply paying more attention to the right details in hiring practices. In this three part series, we will examine different components in the hiring process.
For Part 1 of the Compli Hiring Series, watch as Compli and Chris Hoffman, Partner at Fisher & Phillips LLP, discuss the steps you should consider before hiring an employee.
Part 2: Check, Please! Legal Use of Employment Background Checks
For Part 2 of the Compli Hiring Series, watch as Compli and Steve Roppolo, Managing Partner of Fisher & Phillips' Houston office, lead a lively and informative discussion on the proper use of employment screening tools. Employers will learn the do's and don'ts of effective background checks. Additionally, listen as Steve goes over the EEOC's recent enforcement guidance on criminal background checks and discusses the latest on negligent hiring causes of action employers could face when not doing a thorough check of prospective employees.
Part 3: Orientation & Training For New Employees- Setting The Table For Success
Smart employers put a great deal of thought and energy behind hiring the best individuals for the job. Once these new employees are in the door, the question becomes: ‘How can we best ensure that these new employees will succeed?”
For Part 3 of the Compli Hiring Series, watch as Compli and Tim Scott, a Partner in the New Orleans office of Fisher & Phillips LLP, discuss the best ways to get the most out of your new employees in order to minimize the chances that all of your hard work in selecting these individuals will be wasted.
Independent Contractor Enforcement: There's More Than Just the IRS to Fear
By John Thompson, Fisher & Phillips LLP
Does your workforce include “contract laborers”, “freelancers”, “casual workers”, “contract employees”, or independent contractors by any other name? If so, then you will want to pay attention to the increasing possibility of claims provoked by treating workers as non-employees under applicable wage-hour laws, particularly under the federal Fair Labor Standards Act and other, analogous federal provisions.
USDOL Enforcement Push, Worker Lawsuits
One of the highest priorities at the U.S. Labor Department is to identify situations in which workers are erroneously considered not to be employees or other covered individuals for purposes of complying with minimum-wage, overtime, and recordkeeping requirements and child-labor restrictions of the FLSA and similar federal wage laws it enforces. The agency calls this its Misclassification Initiative, and these efforts have resulted in significant liability, such as:
A consent judgment for $1.3 million against a nationwide provider of directory assistance and other information services that supplied its services through workers whom it considered to be independent contractors;
A $105,000 overtime assessment against a Texas employer that had considered workers to be independent contractors for their first 90 days with the company;
A $101,000 demand against a Virginia employer that had considered individuals performing work on a government-funded construction contract to be independent contractors or to be subcontractors.
Many other USDOL misclassification investigations are underway across the country. Moreover, USDOL has entered into alliances to promote enforcement and information-sharing with the U.S. Internal Revenue Service and with officials in 14 states (so far). U.S. Labor Secretary nominee Thomas Perez highlighted worker-misclassification issues at Maryland’s Labor Department and can be expected to pursue the matter at least as aggressively at the federal level.