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Home   Membership   Education   Events   Resources   External Affairs      July 15, 2014

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Ruling: What's not allowed when accessing employees' social media sites
HR Morning
There are a lot of laws HR pros pay close attention to (FMLA, ADA, FLSA, etc.), but the Stored Communications Act typically isn't one of them. That should change. The act prohibits the unauthorized access of individuals' electronic communications and records that are intended to be private. If you're thinking this doesn't apply to you because you'd never go snooping around employees' email, you're wrong. It also applies to something a lot of employers are taking very seriously these days: the Facebook activity of employees and job candidates.
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Global regulator reviews corporate penalties, seeks more uniformity
Reuters UK
A review of government penalties for corporate wrongdoing is being carried out in a bid to make them more uniform globally, a top official of the International Organization of Securities Commissions said. The review comes amid a growing debate over the size and inconsistency of financial penalties, fuelled in recent weeks by the U.S. authorities' move to slap a record fine on French bank BNP Paribas BNNP.PA. IOSCO will establish the key tools–including fines, prison-sentences, and clawing back ill-gotten gains–that deter financial firms from breaking the rules, to help more closely align national regimes, David Wright, secretary general of IOSCO, told Reuters.
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Does your nonprofit board take the matter of ethics seriously?
The Huffington Post
Most board members are aware of their obligation to ensure their nonprofit's compliance with certain standard regulations e.g. making tax payments, submitting IRS Form 990s and/or avoiding potential fraud. But what is missing in the nonprofit environment is a sense of director responsibility to provide for and sustain a viable ethics program. Directors, as representatives of a community, profession or industry, have a significant responsibility to mitigate risks for their supporting constituencies. To ensure their integrity and prevent tainting the organization's reputation, an internal ethical culture must prevail. An emphasis on ethical conduct should cover everyone from board members to the lowest ranking employee, and address issues that range from personal use of facilities to various types of harassment.
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Global oil supply and demand equation poses risks
The Daily Star
Soon, the world will not be able to produce all the oil it needs as demand is continually rising while supply is falling. According to International Energy Agency, oil consumption will rise by 56 percent between now and 2040, with China and India responsible for half of this increase in consumption. About 90% of the increased demand comes from emerging-market economies. However, this may change as Fed "tapering" causes currency volatility and higher interest rates in many emerging-market economies.
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Whose employees are they? Determining whether you're subject to 'joint employer' liability
In the modern workplace, it is common for companies to contract outside labor forces to meet their business objectives. "Contractors" often work side-by-side with a company's traditional employees, and it is sometimes difficult to discern to whom workers "belong." The answer to this question becomes particularly important when problems arise, such as allegations of discrimination, harassment or retaliation. To whom should the worker complain? Whose responsibility is it to investigate? Who should impose discipline if necessary? Who is liable if discrimination laws were violated? The answers to these questions relate to what company is considered to be the worker's "employer" — and it could be more than one.
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How well are your claims performing?
Keeping tabs on your financial books is probably the utmost important task for any business owner and/or organization. In the event you are "loose" so to speak with the books, you can quickly find you and your company or organization in quite a financial pickle. With that said, not only should you be measuring the financial performance of the business you oversee, but also that of your employees and quite frankly yourself.
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Economy needs consumers to chip in
The U.S. economy is revved up and ready to go by most measures except for, perhaps, the most critical one: The consumer. And that's a problem. Consumer spending is the fuel that runs a modern economy. Oh sure, businesses have to invest and hire to get the party going, but consumer spending generates more than two-thirds of the nation's economic activity. When they spend more, businesses hire and invest more.
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Gartner: 2015 will see the emergence of digital risk officers
The Hindu BusinessLine
More than half of Chief Executive Officers will have a senior digital leader role in their staff by the end of 2015, according to the 2014 CEO and Senior Executive Survey by Gartner Inc. By 2017, one-third of large enterprises engaging in digital business models and activities will also have a digital risk officer role or equivalent.

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Religion on display
Human Resource Executive Online
It's not uncommon for an employee to claim his or her religious beliefs helped land them on the wrong end of an adverse employment action. In fact, these types of claims have been on the rise for at least a decade, with the number of religious discrimination complaints received by the Equal Employment Opportunity Commission climbing from 2,532 in the year 2003 to 3,721 in 2013, according to the EEOC.

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Survey: Corporate risk management is only going half way
The Wall Street Journal
Companies are working harder to identify potential risks to their business, but many still fail to incorporate those risks into strategic plans or inform the board of directors. Fewer than one in five executives say their companies are effective at managing newly identified strategic risks, according to a new survey of almost 100 senior financial executives from large public and private companies with global operations by APQC, a nonprofit business research firm.

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Connecting risk management to cyber security
The flashy new gadgets fresh from the world of consumer technology in recent years have brought huge benefits to the enterprise, with devices such as smartphones and tablets making it easier than ever to conduct business. However, the expansion of this technology into both business and personal lives has also made it easier than ever for cyber criminals to prosper, with new avenues to exploit.
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Strengthen rail-safety risk management
Canadian OH&S News
One year after the train derailment in Lac-Mégantic, Que., which claimed the lives of 47 people, a study has found that just under half of energy companies surveyed identified rail transportation as a possible material risk factor for their companies. The Rail Safety and Executive Compensation in the TSX60 briefing note, released in early July by the Vancouver-based Shareholder Association for Research & Education (SHARE), examined 15 companies on the TSX60 — the stock market index of 60 large companies listed on the Toronto Stock Exchange. SHARE reviewed the companies to identify those that explicitly included occupational health and safety issues (OHS) in the performance evaluation of named executive officers.
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Missed last week's issue? See which articles your colleagues read most.

    7 key elements of a workplace investigation (By D. Albert Brannen)
American workers die needlessly in the heat every year (The Washington Post)
Third-party risk management in financial services (Compliance Week)
Poor Wi-Fi risks losing hotels repeat business (Beta News)

Don't be left behind. Click here to see what else you missed.

Colby Horton, Vice President of Publishing, 469.420.2601
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Lisa Smith, Senior Content Editor, 469.420.2644 
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