Many investors in small companies are generally aware that company directors owe shareholders “fiduciary duties,” which they expect will protect their rights. (I discuss them in my ebook, and in my discussion of a 2013 decision). That’s true as far as it goes, but investors need to remember that these duties can be clarified by state statutes that expand or reduce their traditional meaning, and can be over-ridden by a company’s shareholders agreement. The influential Delaware Supreme Court issued a decision late last month, confirming that a plaintiff had bargained away her rights. Here’s a summary of the case:
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When you think of dangerous industries to work in, which ones come to mind? Construction, mining, longshoring, maybe even letter carrying, are obvious, but did healthcare make the list?
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Tags:
Employer Best Practices,
Health & Safety,
OSHA,
Employee Rights,
Training,
EHS,
Workplace violence
The Fair Labor Standards Act (FLSA) was first enacted in 1938, to ensure “fair pay” for American workers. Sixty-five years later, it is invoked most often when minimum wage and overtime premium pay are under discussion. But it also includes a number of important secondary provisions—including one requiring employers and employees to determine which time at the workplace is considered “work” that must be compensated, and which is not.
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Tags:
Corporate Governance,
Business & Legal,
Employer Best Practices,
Employee Rights
When filing insurance claims for cases involving extensive damage, consumers sometimes choose to hire a public adjuster (PA) to help them submit the claim to their insurer. The PA handles every detail of the claim, working closely with the policyholder and the insurer to obtain a prompt and reasonable settlement.
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Tags:
Corporate Governance,
Business & Legal,
Insurance,
Insurance Claims
EPA has a new fact sheet, “Section 609 Regulatory Requirements: Motor Vehicle Air Conditioning” that outlines the requirements to be followed to prevent the release of refrigerants during the servicing of MVACs and MVAC-like appliances. This fact sheet discusses the regulatory requirements for technician training and certification, sales restrictions, safe disposal, recordkeeping, equipment certification, and approved equipment. It also addresses the importance of protecting our ozone layer and explains the serious impact MVACs can have on the climate:
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Tags:
Employer Best Practices,
Health & Safety,
California Legislation,
Environmental,
Transportation
The year 2013 has been another relatively quiet one for most environmental health and safety (EH&S) compliance personnel. Continuing differences in Congress have stymied would-be initiatives on both sides of the partisan aisles, so there were no meaningful legislative changes.
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Tags:
Health & Safety,
OSHA,
Environmental risks,
Environmental,
EHS,
EPA,
Hazcom,
Transportation
Canadian regulators are focusing their attention on facilitating development in the oil and gas industry, and they are also increasing the accountability of operators. Significantly, environmental liability insurance requirements are expected to increase for both pipeline and railway operators, reducing the extent to which governments and taxpayers cover the costs of cleanup and other damages caused by spills and accidents.
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Tags:
Business & Legal,
Environmental risks,
Environmental,
Oil & Gas,
Insurance,
Insurance Claims,
Transportation,
Canadian
An investigation by the U.S. Occupational Safety and Health Administration (OSHA) found that New Prime Inc. retaliated against a truck driver by blacklisting him in the commercial transport industry after he sought medical attention for a work-related back injury. When he was given doctor’s permission to return to work he opted to seek employment with other motor carriers only to discover his attempts to do so had been sabotaged by his previous employer, New Prime Inc. OSHA has ordered the motor carrier company to pay the former employee $100,994.24 in back wages and damages and take other corrective action.
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Tags:
Business & Legal,
Employer Best Practices,
Health & Safety,
OSHA,
Employee Rights,
Hazcom
For the second year running, SEC activities during 2013 were dominated by its efforts to issue rules required by two major pieces of recent legislation:
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Tags:
Corporate Governance,
Business & Legal,
SEC,
Employer Best Practices,
Accounting & Tax,
Accountants,
JOBS Act
A recent change to rules around Proposition 65 lawsuits will make it easier for some businesses to avoid being prosecuted for infringement of the Safe Drinking Water and Toxic Enforcement Act. The alteration covers cases in which individuals allege inadequate warning signage regarding the release of substances known to cause cancer or birth defects or other reproductive harm. Such suits have proliferated under the legislation, embroiling business owners in costly legal battles.
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Tags:
Corporate Governance,
Business & Legal,
Health & Safety,
Environmental risks,
Environmental,
Hazcom
