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Business Risk Mitigation: FCPA Compliance (published in CALI Journal, May 2011)
UK Bribery Act becomes effective July 1, 2011. For guidance on this Act click here.
Credit History Legislation in the News:
California Credit Law
Governor Jerry Brown signed into law AB 22 [Mendoza] establishing new limitations on the use of consumer credit reports in employment situations in California. As signed into law, AB 22 prohibits an employer or prospective employer, except for certain financial institutions, from obtaining a consumer credit report for employment purposes unless the position of the person for whom the report is sought is either:
While these provisions may still allow for the continued use of consumer credit reports in some situations, AB 22 does place restrictions on the use of consumer credit reports.
Illinois Credit Law
Effective January 1, 2011 employers in Illinois can only request and use credit history information when there is a bona fide job-related need. Employers may not discriminate against an employee or applicant based on his/ her credit history. Employers who have employees with financial or fiduciary responsibilities will likely have a bona fide occupational need to require credit checks.
State Agency Fee Increases:
Due to financial difficulties many state agencies including departments of motor vehicles (DMV’s), and county courthouses have increased the fees that are charged for records retrieval and court copies. The following is a partial list of increases that have occurred recently:
Motor Vehicle Record MVR increases by state:
Missouri October 2010
Other Agency News:
Some state departments including DMV are closed more frequently due to continuing financial difficulties. Many county court houses across the USA are under-staffed causing delays in retrieving archived court records. Infortal notifies clients of known court delays on a case by case basis, as these are continuously changing.
Foreign Corrupt Practices Act: FCPA News:
Recent FCPA Enforcement Actions: August 2010: A federal judge sentenced a Beverly Hills, Calif., film producer and his wife to six months in prison and six months home confinement each in the first criminal case involving Foreign Corrupt Practices Act (FCPA) charges against individuals in the entertainment industry. Patricia and Gerald Green, whose film credits included Werner Herzog's Rescue Dawn, were convicted last fall of paying $1.8 million in bribes to a high-ranking government official in Thailand in exchange for more than $13.5 million in contracts to manage the Bangkok International Film Festival: http://tinyurl.com/4gy6dk4
Workplace Violence: Recent Events in the News
January 2011: 22 yr old Jared Loughner shoots 19, 6 killed and congresswoman Giffords shot in head.
November 2010: Man takes daughter hostage on Bay Bridge.
September 2010: Female employee, Yvonne Hiller, kills 2 and injures 2 at Kraft Foods, Philadelphia
February 2010: University of Alabama, Huntsville Campus: Omar Thornton killed 3 and injured
6 November 2009: Fort Hood gunman, Dr. Hassan, kills 13 & injures 45
September 2009: Murder of co-worker at Yale
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