FLSA litigation has dominated federal court dockets for more than a decade, but little attention has been paid to the agreements used to resolve such litigation. Unique policy considerations mean special rules apply. In today's post, the first installment of this three-part series, we explain these rules and the rationale underlying them.
Chief Compliance Officers need to be both leaders and managers. Long-term planning must be in the CCO’s wheelhouse, but a CCO is at his most effective when he’s an inspirational leader who’s also able to effectively manage the compliance process. Where do you stand? Do your staff look to your leadership and echo back what they see, acting with integrity...
IT and legal often don’t agree on who holds accountability and authority for data archiving. Many legal and compliance teams feel responsible for this function, but their data-related objectives differ from those of IT, which exists in part to support the business with its information needs. For the sake of the bottom line, though, organizations must find a way to...
Europe’s high court has struck down the longstanding Safe Harbor Framework, alleging that the U.S. government’s actions in accessing data via Facebook and transferred through email invalidated the agreement. Attorneys Thomas Monson and Kyle Petersen, with Salt Lake City-based Kirton McConkie, explain the consequences of noncompliance with the new EU data privacy rules.
Taking a page from pharma CIAs, the OIG has recently required that lab company Millennium Health hire a compliance expert. The drug testing provider came under fire for multiple years of violations of the Stark Law and Anti-Kickback Statute; relying on the insights of an expert should better equip the Millennium Board to ensure compliance going forward.
With 2016 right around the corner and the Affordable Care Act’s (ACA) reporting requirements in effect, it’s important for small business owners to understand their role. Many employers still need clarification on how exactly the ACA impacts their business, including what part of the law applies to them, how they must comply and any potential penalties for noncompliance.
Managers’ C&E duties are generally one of the first topics covered in a code of conduct, but the discussion shouldn’t end at the program’s introduction. Managers’ C&E duties must be reinforced continually through communications, training and evaluations. Do your managers have a handle on their compliance- and ethics-related duties?
There are a host of rules and restrictions around what can -- and more to the point, can't -- be asked when interviewing candidates. Questions about ethnicity, religion, disability, marriage status and parenthood are off-limits. Trying to get at any of that information in a round-about way is no safer. Better to stick to inquiries directly related to the job.
For a CCO or compliance practitioner to do his job well, he’s got to have a clear picture of the risks at hand. This is especially critical when it comes to third party transactions. Armed with all the pertinent information at once, he can much more easily spot corruption risks, unusual payments, control violations and other red flags and exercise...
A wider network is valuable to compliance practitioners for a number of reasons. Broadening one's exposure to alternate viewpoints can be critical in improving the collective intelligence of your leaders. Preventing compliance from being viewed as "the land of no" necessarily means remaining open to different ideas. Compliance leaders, check your ego at the door.
A recent study has found that nearly 40 percent of general counsel lack visibility into corporate risk due to poor contract management practices. This lack of visibility directly impacts compliance, which is especially troubling for the financial services industry, where regulatory violations open organizations up to massive liability and fees.
Compliance managers understand the need for stringent protection of employee medical and health information. Managers may not understand, though, that in many cases, requirements to assemble information about workplace injuries and illnesses outweighs the need for such protections. So where do OSHA reporting requirements and HIPAA rules part ways?
Founded in 2010, CCI is the web’s premier global independent news source for compliance, ethics, risk and information security.
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