Perspective: Kirton McConkie Law Blog

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Showing 36 posts from 2015.

Why do employers need employee handbooks?

Our company CEO told me not to worry about drafting an employee handbook. What can I say to change his mind and convince him it’s a good idea to have a handbook? Read More

Holiday parties: Good morale or landmine?

While a holiday party can bring a workforce together and boost morale, it can also bring legal trouble. Employer party planning must include minimizing potential legal risks in addition to the food and festivities. Read More

Global Trends in Anti-Corruption Legislation: Mexico to Ramp up Enforcement Activity

U.S. federal prosecutors recently investigated Wal-Mart de Mexico, Wal-Mart Stores, Inc.’s largest foreign subsidiary, for alleged violations of the Foreign Corrupt Practices Act (FCPA). The FCPA is a U.S. criminal statute prohibiting bribery of foreign government officials to obtain or retain business. It generally applies to U.S. companies and citizens. U.S. companies doing business outside the country must be aware of FCPA prohibitions and understand when and how it is enforced to avoid costly investigations. Wal-Mart expects to pay between $130 and $150 million in FCPA and compliance-related costs for the 2015 fiscal year. Read More

Conducting a pay-to-play fantasy sports league may be gambling with the law

Participation in fantasy sports has exploded in the United States in the past few years. Anyone listening to sports radio or watching ESPN will be overwhelmed by advertisements from fantasy football organizations soliciting players. Thousands have joined the fantasy football fad in particular. Many participate for cash prizes. Read More

SEC moves to allow startup investing via crowdfunding

On Friday, October 30, 2015, the Securities and Exchange Commission (SEC) adopted final rules permitting crowdfunding. Crowdfunding is a capital fundraising strategy whereby issuers use the internet or social media to raise capital from a large number of investors in relatively small amounts. Pursuant to Section 4(a)(6) of the Securities Act of 1933, Regulation Crowdfunding permits capital raising by small startup businesses that may not have easy access to traditional methods of capital markets and venture capital fundraising. The final rules provide some flexibility to issuers seeking to crowdfund and intermediaries who are providing their services to such issuers. Read More

USCIS Announces Enhancements to E-Verify

U.S. Citizenship and Immigration Services (USCIS) recently announced enhancements to E-Verify. Following is a portion of the announcement. Read More

Non-compliance with new EU data privacy rules can be costly

On October 6, Europe’s highest court, the Court of Justice of the European Union, struck down the “Safe Harbor Framework,” which existed between the United States and the EU for 15 years. This has an impact on companies collecting or processing personal data in EU nations for use in the United States. The Framework provided a method for over 4,000 U.S. companies to transfer personal information outside the European Union consistent with the EU’s strict Data Protection Directive. The Directive establishes the rules for protecting Europeans’ privacy rights. To take advantage of the Framework, U.S. companies have self-certified compliance with EU standards to the Department of Commerce. Read More

Do I need to display E-Verify posters?

Q. Are employers that use E-Verify required to post anything special or communicate anything differently to candidates or employees?

A. Yes. If you use E-Verify, you must display the EVerify right-to-work and participation posters in both English and Spanish. Read More

Is it legal to ask for a social security number on an application?

Q. Our current job application asks for the applicant’s SSN. Is that legal? I feel it might not be a good idea with all the high-profile news of identity theft.

A. It is legal. Nothing prohibits you from asking for an applicant’s SSN on your application. However, a couple of states require safeguards to ensure confidentiality. Read More

Withholding an employee’s wages does not pay

Q. Is it legal to establish a policy stating that if an employee doesn’t turn in a time card at the specified time, he won’t get paid?

A. The simple answer is "no." You certainly can establish a policy requiring employees to turn in time cards at a specified time. However, you cannot establish a policy stating you will not pay employees or will withhold compensation for failing to turn in a time card. Read More