Compliance Stuff

This information was provided in a Discussion Thread I follow from SCCE (membership was not renewed).    https://www.justice.gov/criminal/criminal-fraud/page/file/937501/dl?inline Source: Society of Corporate Compliance and Ethics > General Compliance Digest > Discussions, October 1, 2024 (I do not have a current membership, but was able to click on the link provided in e-mail.

  It’s not enough to have the right policies in place — you have to embed those policies into the fabric of your organization. In today’s fast-paced and interconnected business world,  ensuring compliance and building an ethical corporate culture  isn’t just a regulatory checkbox—it’s part of your organization’s DNA. Governance, Risk Management, and Compliance (GRC) has evolved from a back-office necessity to a front-line enabler, engaging everyone from employees to third-party partners in the process . This shift emphasizes that c ompliance and ethics must be woven into every aspect of the company’s operations, influencing attitudes, behavior, and, ultimately, organizational culture. At the core of this transformation is the concept of engagement, a critical trend shaping the future of GRC. In the modern organization, GRC is no longer the domain of just compliance officers or risk managers; it involves every employee, contractor, vendor, and partner across the extended e...

  Summary What’s next for employers who want to protect their businesses from competition from departing employees, including the loss of customers, employees, and confidential information? With a federal court injunction against the Federal Trade Commission’s (FTC) Final Rule banning noncompetes, the door is open for employers to continue using them . But companies now have time to reflect on the increasing hostility of courts and legislatures towards overly broad restrictive covenants, update their existing agreements, assess which employees ought to be subject to post-employment covenants, and determine how to best protect their trade secrets and confidential information. Attorneys in Ballard Spahr’s  Labor and Employment  Group review the current state of federal law, note the growing number of states regulating noncompete agreements, and provide strategic considerations for employers. Nationwide Injunction Just two weeks before the effective date of the FTC noncompe...

  The Prince George’s, Maryland County Council recently enacted Bill CB-019-2024, amending the county's Fair Criminal Record Screening Standards. Effective September 16, 2024, the ordinance—renamed “Access to Employment for Returning Citizens” —significantly restricts employers' ability to conduct criminal background checks on job applicants . Changes to the law include a smaller threshold for employer coverage, expanded limitations on employer inquiries into applicant criminal histories, and expanded protections for employees. Employer Coverage Threshold The ordinance now applies to employers with 10 or more full-time employees in the county, a reduction from the previous threshold of 25 employees. Expanded Limitations on Employer Inquiries of Applicant Criminal History Under the amended ordinance, covered employers are prohibited from asking about or investigating a job applicant’s criminal history until after the initial interview. Even after the initial interview, employer...

 Now that the general election is just five weeks away, GovDocs is kicking off the month with a series of Employment Law News blogs on elections and their impact on employers, from labor law posters and voting leave requirements to captive audience laws and politics in the workplace.   Our first election blog is on the topic of voting posters required in three jurisdictions – New York, California, and Washington, D.C.  New York’s Time Allowed to Vote Poster New York’s Time Allowed to Vote poster is required for all employers and must be displayed conspicuously in the workplace. New York requires employers to display the poster at least 10 days in advance of every election . It’s important to note that this poster can only be taken down when the polls close.   The poster sets out the number of hours of paid leave that may be taken to vote and when these hours may be taken in a work shift, as well as notice and eligibility requirements for taking paid voting leave....

  Last Friday, Governor Newsom signed SB 399 –   The California Worker Freedom from Employer Intimidation Act   into law.   SB 399, which will take effect on January 1, 2025, prohibits private and public employers in California from subjecting, or threatening to subject, an employee “to discharge, discrimination, retaliation, or any other adverse action because the employee declines to attend an employer-sponsored meeting or affirmatively declines to participate in, receive, or listen to any communications with the employer or its agents or representatives, the purpose of which is to communicate the employer’s opinion about religious or political matters.” SB 399, which adds section 1137 to the California Labor Code, sets forth the following definitions for purposes of defining the scope of the protections: “Political matters” means matters relating to elections for political office, political parties, legislation, regulation, and the decision to join or support...

On October 1, 2024, the Department of Family Medical Leave (DFML) announced important changes to the Paid Family and Medical Leave (PFML) program set for implementation on January 1, 2025. Key Adjustments:   The maximum weekly benefit amount will increase $20.74 from $1,149.90 to $1,170.64.  The state average weekly wage will increase $32.41 from $1,796.72 to $1,829.13. Contribution rates for employers and employees will remain the same for 2025 .It’s essential for employers to stay informed about these changes to ensure compliance and to maximize the benefits available. Notice Reminders and Compliance Considerations: As a reminder, employers are required to provide written notice of PFML benefits, contribution rates, and other provisions as outlined in M.G.L. c. 175M § 4 to employees. Current employees. When a rate change occurs, e mployers must provide information on the new contribution rate 30 days in advance of the rate change for employees who have previously signed the...

Knowing several religious holidays are coming up soon, employers can take steps to avoid triggering religious discrimination and reasonable accommodation lawsuits. Consistently applying paid time off rules can help to prevent discrimination, retaliation, and religious reasonable accommodation claims. Quick Hits Private and public employers with fifteen or more workers must accommodate reasonable requests from workers to observe religious holidays (pursuant to federal law; however, state law coverage varies and might only require one or more workers). Employers may avoid confusion by clearly stating leave policies and company holidays in the employee handbook. Employers can use online systems or software to detect patterns in approving or denying requests for leave on religious holidays. With many religious holidays taking place in the next two months, employers are likely to see many requests for time off for religious celebrations. Title VII of the Civil Rights Act of 1964 prohibits e...

 What Does the FTC Final Rule Banning Fake Consumer Reviews and Testimonials Cover? The FTC Final Rule Banning Fake Consumer Reviews and Testimonials formalizes the prohibition of various practices relating to the use of consumer reviews and testimonials and sets forth which practices may be considered unfair or deceptive pursuant to the FTC Act.   In short, the Final Rule is i ntended to foster fair competition and protect consumers’ purchasing decisions.  In general, the Final Rule covers: (i) the purchase, sale or procuring of fake reviews or testimonials (for example and without limitation, a reviewer that does not exist, a reviewer that did not actually use or possess experience with the product or service, or a review that misrepresents actual experience); (ii) providing compensation or other incentives in exchange for reviews that express a particular sentiment; (iii) facilitating “insider” consumer reviews and testimonials that do not contain a clear and con...