Audit, Compliance and Risk Blog

Domestic and Workplace Violence Policies: Why Employers Need Both

Posted by Jon Elliott on Mon, Nov 19, 2012

Domestic violence is a widespread problem with serious consequences for the victims, their families and their workplaces as well. In 2005 a national telephone survey by the Corporate Alliance to End Partner Violence found that 44% of the employed U.S. adults surveyed reported having personally experienced the effects of domestic violence in their workplace, and 21% identified themselves as victims. The same survey reported that 38% of respondents were “somewhat” to “extremely” concerned for their own safety when they learned that one of their co-workers was being victimized.

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

Accountants in Demand in the United States

Posted by Ron Pippin on Fri, Nov 16, 2012

Accountants in the United States are in demand once again. There are specific needs at the Financial Accounting Standards Board (FASB) and the U.S. Securities and Exchange Commission (SEC). Separately, the skills and talents of those CPAs that practice in the “income tax world” will be helpful to address scheduled individual income-related issues as year-end looms.

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

Presenting an Insurance Claim Following a Catastrophe

Posted by Barry Zalma on Wed, Nov 14, 2012

Recent storms on the US east coast have once again highlighted the importance of having at least some understanding of insurance law, in particular the procedures for making an insurance claim in the aftermath of a catastrophic event.

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Tags: Business & Legal, Insurance, Insurance Claims

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

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

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

Employment Law, Confidentiality and Internal Investigations

Posted by Jon Elliott on Fri, Oct 12, 2012

Does your organization ever conduct internal investigations to evaluate complaints about working conditions, claims of harassment or other inappropriate behavior, or concerns about individual, or group, law-breaking? If so, investigators probably try to keep the investigation confidential, in order to avoid internal embarrassment while preserving the status quo until the investigation reaches its conclusion.

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