Audit, Compliance and Risk Blog

EPA Will Aggregate “Substantially Related” Activities When Considering “Project” Thresholds For Pre-Construction Permit Review

Posted by Jon Elliott on Tue, Jan 15, 2019

If you’re contemplating significant changes at a facility that’s regulated as a “major source” under the Clean Air Act (CAA), you’d better figure out whether those changes will “modify” the source enough to trigger significant pre-construction review and permitting by the US Environmental Protection Agency (EPA) or its state or local delegee. The likely answer to questions like yours has changed with CAA amendments and regulations over the decades. EPA has just changed them again, after ending a decade long year delay of a regulatory “interpretation” published in the last week of George W. Bush’s presidency, and stayed by the Obama-era EPA throughout his presidency, and now reaffirmed and activated by the Trump-era EPA.

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Tags: EPA, Health & Safety, Business & Legal, Environmental, Environmental risks

NLRB Proposes New Rule Defining “Joint Employer”

Posted by Jon Elliott on Thu, Jan 10, 2019

When someone receives occupational direction and/or compensation from more than one entity, who’s the boss? Sometimes it’s obviously one or the other, sometimes it’s not clear which one is, and sometimes the answer may be “both.” The answer has important implications, not just for who writes a paycheck but for who is subject to legal requirements and prohibitions under applicable laws.

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Tags: Employee Rights, Employer Best Practices, Business & Legal, directors & officers, NLRB

New International Initiative to Reduce Plastic Waste

Posted by Jon Elliott on Tue, Dec 18, 2018

On October 29, a large multi-sector group of organizations announced a major initiative to eliminate plastic waste and pollution - the New Plastics Economy Global Commitment. The group is sponsored by the Ellen MacArthur Foundation, and intends to respond to dire projections of the environmental implications of plastic waste with. Informational materials highlight a projection from the United Nations Environment Program (UNEP) that more than 8 million tons of plastics end up in the world’s oceans annually, and that if present trends continue there will be more plastic than fish in the oceans by 2050.

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Tags: Environmental, Environmental risks, Business & Legal

United States Government Quietly Releases Dramatic New Recommendations For Combating Climate Change

Posted by Jon Elliott on Tue, Dec 04, 2018

While domestic climate politics in the U.S. and Canada generate hot air about the reality and urgency of climate change, climate science proceeds largely on its own pathways, and climate policies to reduce greenhouse gas (GHG) emissions are being proposed and developed by a wide variety of entities. On November 23 – often referred to as “Black Friday” by retailers and shoppers in the U.S., regardless of their attitudes about global warming – the U.S. government’s U.S. Global Change Research Program (USGCRP) delivered urgent recommendations for aggressive policies. This Fourth National Climate Assessment (NCA4) builds on last year’s Climate Science Special Report (which I wrote about here).

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Tags: Environmental, Environmental risks, Business & Legal, ghg, Greenhouse Gas, climate change

Employment Contracts and Employee Termination Rights

Posted by Jon Elliott on Tue, Nov 27, 2018

The Canada Labour Code and provincial employment standards acts generally specify a minimum notice period before such terminations (the “statutory notice period”), and generally allow the employer to pay compensation to the employee instead of giving the employee notice. (e.g., CLC ss. 54-67) This compensation is usually called “severance pay”; it replaces advance notice of termination. In general, the severance pay must equal the salary and benefits that the employee would have earned if permitted to work until the end of the notice period. Courts interpret and defend these prohibitions against “contracting out” termination benefits.

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Tags: Business & Legal, Employee Rights, Employer Best Practices, directors & officers, directors, Canadian

Supreme Court Limits Government Access to Cell Phone Tracking Data

Posted by Eric Robinson on Tue, Nov 13, 2018

We all—well, almost all of us—have devices with us at all times, which track and keep a record of our location. This isn’t some government mandate or a dystopian sci-fi novel. Indeed, we do this willingly, and even pay for both this device and the service that tracks us.

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Tags: Internet, Business & Legal

Tackling the Gender Pay Gap: Ontario’s Pay Transparency Act, 2018

Posted by Maria Gergin on Tue, Oct 30, 2018

On April 26, 2018, the Ontario government passed the Pay Transparency Act, 2018 (the Act), which created a number of requirements for employers with respect to compensation reporting and disclosure to employees and potential employees, as well as compliance compensation reporting to the government, which the government will then make public.

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Tags: Business & Legal, Employee Rights, Employer Best Practices, directors & officers, directors, Canadian

New Supreme Court Ruling Will Be Taxing to E-Commerce

Posted by Eric Robinson on Thu, Sep 13, 2018

The old maxim states that the only two things that cannot be avoided in life are death and taxes. While there still does not seem to be any way to escape our ultimate fate, until recently there was one way to legally avoid certain taxes.

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Tags: Internet, Business & Legal, Accounting & Tax

Federal Enforcement Falls in President Trump’s First Year

Posted by Jon Elliott on Tue, Aug 28, 2018

President Trump and his agency heads have been clear about their intent to reduce regulatory “burdens” on individuals and organizations. Meanwhile, however, they have tended to talk tough on crime. However, a new report shows that civil and criminal enforcement against corporations fell dramatically during their first year in office, compared with enforcement during President Obama’s term. In July, the nonprofit advocacy group Public Citizen published “Corporate Impunity – ‘on Crime’ Trump Is Weak on Corporate Crime and Wrongdoing.”

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Tags: EPA, Environmental, Environmental risks, Business & Legal, corporate social responsibility

Facebook, Privacy and Your Business

Posted by Eric Robinson on Thu, Jun 28, 2018

Facebook and its chief executive, Mark Zuckerberg, are being criticized far and wide for the company’s lax privacy practices after it was revealed that the political data firm Cambridge Analytica had used a seemingly innocuous personality test to collect data on 87 million Facebook users, which it combined with data from other sources to develop psychological profiles that were used in support of President Trump’s 2016 campaign. A number of lawsuits have been filed against the site over privacy issues and the Cambridge Analytica incident in particular.

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Tags: Internet, corporate social responsibility, social media, directors & officers, Business & Legal