Audit, Compliance and Risk Blog

Are Your Employees Taking Toxics Home After Work?

Posted by Jon Elliott on Fri, Nov 09, 2012

The presence of “hazardous” materials in your workplace can trigger a wide variety of environmental health and safety requirements and hazardous waste regulations.  The Occupational Safety and Health Administration (OSHA) and state worker protection agencies issue standards to protect workers during occupational handling and storage.  The US Environmental Protection Agency (EPA) and state environmental agencies issue requirements governing the management of hazardous wastes, and emissions to a variety of environmental media (air, water and land).

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Tags: Employer Best Practices, Health & Safety, OSHA, Employee Rights, Environmental risks, Environmental, EPA, Hazcom

Intellectual Property, Trademarks and Freedom of Speech

Posted by Tina Loza on Mon, Nov 05, 2012

I am not a historian.  My recollection of the massacre in Tiananmen Square is colored by teenage self-centeredness and the ramblings of a slightly ridiculous history teacher who I managed to ignore for nine months whilst acing the class.  I am not proud of this.

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Tags: Corporate Governance, Business & Legal, International, Internet, Intellectual Property

Got Paint? Complying With Hazardous Waste Regulations & Requirements

Posted by Jon Elliott on Fri, Nov 02, 2012

Do you know what happened to any paints, coatings and surface preparation materials left over after the last project at your facility?

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Tags: Business & Legal, Audit Standards, Health & Safety, California Legislation, Environmental risks, Environmental, Hazcom

Insurance Law: Why Insurers Must Read Their Agreements

Posted by Barry Zalma on Wed, Oct 31, 2012

Insurance Law is often complex and the consequences for insurers, and reinsurers, of not fully understanding the agreements they enter into can be costly. As the following case illustrates, failure to read and understand a contract between two equal parties is no excuse.

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Social Media and Internet Law: The Maxim

Posted by Tina Loza on Mon, Oct 29, 2012

If you can’t say anything nice, don’t say anything at all.  Not on Facebook.  No, not on Twitter either.  Just don't say it.  Or, does it depend on context? 

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Tags: Employer Best Practices, Employee Rights, Internet

International Group Comments on SEC Non-decision on IFRS

Posted by Ron Pippin on Fri, Oct 26, 2012

As discussed in my prior blog item, the staff in the Securities and Exchange Commission (SEC) did not make a recommendation to the commissioners of the SEC on whether U.S. registrants should be required or permitted to use International Financial Reporting Standards (IFRS). I termed it a “punt.” On October 22, 2012, the IFRS Foundation staff published an 84-page analysis of this SEC staff report. In the press release announcing issuance of the IFRS Foundation staff report, Trustee Chairman Michel Prada observed that there are “no insurmountable obstacles for adoption of IFRS by the United States.”

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Tags: Business & Legal, SEC, Accounting & Tax, JOBS Act, GAAP, IFRS, Decision on IFRS

Internet Law and How to "Cybergripe"

Posted by Tina Loza on Thu, Oct 25, 2012

It appears that Mr. Anil Vazirani, an independent insurance agent, has “griped” against the sixth largest insurance conglomerate, Aviva USA, and pretty much gotten away with it.   See Aviva USA Corp. v. VaziraniD. Ariz., No. 2:11-cv-00369-JAT, 10/2/12.  I am somewhat happy for him.  Mr. Vazirani used to sell Aviva life insurance products and, at some point, the relationship was terminated.  So, Mr. Vazirani then bought up about 14 domain names incorporating the trademark AVIVA, for example, AVIVAPLCSUCKS.COM and AVIVAUNCOVERED.  On these sites, Mr. Vazirani proceeded to “gripe”. 

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Tags: Business & Legal, Employer Best Practices, Employee Rights, Internet

Managing Employee Use of Social Media Without Breaking Employment Law

Posted by Jon Elliott on Wed, Oct 24, 2012

Is your organization one of the many with policies restricting employees’ use of social and other electronic media? If so, you need to consider last month’s National Labor Relations Board (NLRB) decision, finding that Costco’s policy violates the National Labor Relations Act (NLRA). This decision is another recent example of a regulator’s interpretation of ambiguous employer policies in ways that protect employee rights by using the employer’s ambiguity against it – and reinforce that employment law best practices require clarity and narrow drafting.

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Tags: Employer Best Practices, Employee Rights, Internet, NLRB

U.S. Supreme Court to Decide Workplace Harassment Question

Posted by Mark Guralnick on Mon, Oct 22, 2012

When is an employer responsible for workplace harassment perpetrated by one of its employees? Currently, the answer depends on where the employer is based, but with the Petition in Vance v. Ball State University, et al., the United States Supreme Court plans to settle that question on a nationwide basis.

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Tags: Business & Legal, Employer Best Practices, Employee Rights, Workplace violence

Psychological Fitness for Duty – When and How to Evaluate Employees

Posted by Jon Elliott on Thu, Oct 18, 2012

When an employer becomes concerned that an employee may be incapable of performing his or her job, one response is formal evaluation of that employee’s “fitness for duty (FFD).” Although most cover physical abilities, referrals are also made for psychological FFD evaluations, to determine whether an employee has a psychological impairment that makes him or her unable to perform effectively and safely. These may be triggered when an employee is exhibiting signs of psychological or emotional stress, including those that manifest in hostile or threatening behaviors, or in other behaviors that lead co-workers, or the employer, to be concerned for their safety.

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Tags: background checks, Business & Legal, Employer Best Practices, Health & Safety, Employee Rights, Disability benefits