Compliance

The Affordable Care Act has introduced reporting requirements many businesses have struggled to comply with. While large companies may have the resources to tackle the requirements, owners of small and mid-sized businesses should consider partnering with Professional Employer Organizations (PEOs) to alleviate the burden.

The details of the Trans-Pacific Partnership Agreement have been revealed to the public, and the standards therein are a major step forward for global anti-corruption efforts. Companies doing business in compliance with the FCPA and UK Bribery Act have operated at a disadvantage, but the TPP should level the playing field in a region where bribery is par for the...

With most organizations having moved past (or at least come to terms with) security concerns around the cloud, compliance is the next step. This piece outlines best practices for achieving cloud compliance, even in highly regulated industries, and touches on the five primary mistakes companies make, from avoiding the public cloud altogether to sacrificing control for reporting (or vice versa).

The workforce is continually evolving, and companies are leveraging remote workers now more than ever. Cost efficient and convenient as off-site staff can be, remote staff can pose compliance challenges for their employers. The process for completing I-9 forms, for instance, presents numerous opportunities for error -- each of which the employer is liable for.

In the first and second parts of this series, we introduced the special rules that federal courts apply when evaluating the legality of privately-negotiated settlement agreements in FLSA litigation and analyzed the permissible contents of the release clause therein. In this final installment, we discuss recent court opinions addressing the permissibility of nondisclosure terms in these agreements.

Recent studies demonstrate a significant increase in the risk of death from respiratory causes in association with an increase in ozone concentration. The EPA has periodically ratcheted down the allowable level of ozone in ambient air, with the most recent reduction occurring in October 2015. What will be the fallout from the EPA’s recent action?

Employers who rely on temporary employees and the agencies that supply them should be aware of a recent decision by the NLRB expanding the definition of “joint employment.” If the decision is upheld, supplier and user employers will become jointly liable for violations of federal labor law. Also impacted are union avoidance, bargaining and objections.

The regulations established by the Centers for Medicare and Medicaid Services (CMS) present significant challenges for health care payers when it comes to creating compliant customer communications. Payers not meeting requirements face steep financial penalties, but automating these communications will help organizations ensure regulatory compliance.

Having introduced the special rules federal courts apply when evaluating the legality of privately-negotiated FLSA settlements, we now focus on the permissible scope of the release clause in these agreements, with the aim of assisting practitioners in drafting agreements that will receive prompt court approval and secure dismissal with prejudice of their underlying litigation.

The DOJ has recently hired compliance counsel who will help the department determine which companies and individuals to prosecute, distinguishing between entities that are serious about compliance from those whose commitment exists only on paper. Assistant AG Caldwell has since remarked on the expectations of companies’ compliance programs. Take note!

It’s absolutely critical that the Chief Compliance Officer and the Board of Directors work together to achieve a culture of ethics and compliance. With the Board’s backing, a CCO’s influence is far greater. Establishing that relationship, however, may be a daunting proposition. Michael Volkov outlines five steps to build this key bond.

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.