Workforce Compliance: Outside Counsel vs. Outside SOLUTION Counsel to Counsel magazine ran an interesting article in its October 2007 issue entitled "Choosing the Right Outside Counsel" The article is a helpful analysis of what GCs should look for when reaching outside of their own corporate resources for the solution of a legal matter.The article begins with an astute analysis of the increasing focus on corporate ethics and the need for transparency. Among the suggestions the writer mentions to assist in house attorneys in finding outside counsel are networking forums, law firm networks, and, of course…peer review ratings. (Double disclosure before I continue: 1- Martindale, the benchmark for attorney peer rating co-publishes the magazine along with InsideCounsel; 2- My Martindale A/V rating is a badge I’ve wor… Continue Reading →
Reinventing Lawyers I’ve noticed that as one grays around the temples, some sort of phenomenon gives others the impression that you know more than you knew before. Suddenly, people who might never have listened to a word you had to say consider you a "resource" or, even worse, a "mentor".In the case of my two sons –16 and 19 — the phenomenon has eluded them; polite and wonderful as they are, it is clear from the rolling eyes that I’ve not much new to say. Perhaps their epiphany of my wisdom will be manifested by some other physical change, perhaps false teeth, the continuing gravitational pull on my chin, or perhaps a prop (cane, walker, etc.).In any event, the children of OTHER people seem to think I have something to say…and they are not shy about asking. I probably… Continue Reading →
Unions in Check: NLRB Permits Faster Challenges by Members As the National Labor Relations Board hustles to clear its docket, corporations are being pleasantly surprised…while unions cry "foul".Dozens of recent case decisions show a definitive intent by the Board to further limit organized labor. The Bush administration has long been the target of union criticism; after years of pro-union decisions during the Clinton years, the about-face created tremendous issues for unions. Setting aside their own well-document issues — for example, the ongoing corruption probes, their pragmatic, practically-overnight embracing of migrant workers into union membership after years of ruthlessly demonizing them, etc. — organized labor has decided that the current Board simply isn’t playing fair. But are they correct?It depends how you view it. The fi… Continue Reading →
Metagaming, Economics, and Global HR Compliance Today I am going to talk about the LEAST talked about 2007 Nobel Prize, the one in Economics, awarded to three U.S.-based economists – game theory pioneer Leo Hurwicz, Eric Maskin and Roger Myerson. After half a century of work in a little-known but massively cool area of game theory, it’s about time. Before I get into explaining their area – known as mechanism design theory (MDT) – I must explain that as a person who barely squeaked by with a “B” in Dave Denslow’s Economics class some 30 years ago at the University of Florida, I am hardly in a position to analyze, much less pontificate, over a heady topic such as this. Still, it is the Blessing of the Blog that its author can spout forth in both wisdom and ignorance, and the reader can read or roll his/her eyes and move on. Mo… Continue Reading →
As if Compliance isn’t a Big Enough Headache… The EEOC is reporting that HR departments are being targeted for bogus emails containing a Trojan Horse virus. According to the department, the email’s subject matter features precisely the kind of wording that makes the heart of an HR Director or GC leap:"Harassment Complaint Update For"Pass this information on to your recruitment, HR, and legal folks. Although most of us have virus detection software protecting us, a lot of folks don’t run such protection at home, on mobile devices, etc. Let them know NOT to open any attachments or click on any links if they receive what appears to be an EEOC email.Trust me, if there’s been a complaint, the EEOC won’t by shy about relaying the info to you via a legitimate email without infected attachments.… Continue Reading →
2007 in Enforcement: Business in the Bullseye Back on August 9th, ICE — U.S. Customs and Immigration and Customs Enforcement — released a five page memo euphamistacally entitled "Protecting National Security and Upholding Public Safety". The memo, signed off by Asst. Secretary of Homeland Security Julie L. Myers, attempts to stamp the administration’s current employer-sanctions initiative with the seal of "national security" and "Public safety". Consider the proud list of raids detailed within and see how much safer you feel from Al Qaeda:-Fresh Del Monte Produce 160 farmer workers rounded up with fake social security and other documents; each faces, according to the memo, up to 15 years imprisonment and a $500,000 fine…roughly one fruit picker’s earnings over 112 years the GNP of his vill… Continue Reading →
The Fear Factor Hits HR Why, oh why, am I always right? Like some latter day Nosferatu infused with the wisdom of the immigration elders, I’ve been calling this whole "Attack on U.S. Employers" deal for about four years…and once again my voice calling in the regulatory wilderness proves prophetic.The call came yesterday: an old friend/client whom I’d transitioned to U.S. permanent residency several years back was in a panic. It seems an audit letter requesting an I-9 review of his employer, a substantial South Florida enterprise with several hundred workers, had landed on the boss’s desk a few weeks ago and the boss bellowed for the usual suspect: the Director of Human resources…my friend’s new position."What do we do, Jose? I’ve looked through the files and it’s a mess!  … Continue Reading →
Simplifying Workforce Compliance for Inside Counsel Political tides shift, and the historical benevolence extended to corporate America by Republican administrations has given way to an enforcement-driven policy designed to salvage conservative voter discontent. The losers, of course, are not just the corporations suddenly facing a barrage of potential fines and sanctions. Both undocumented AND lawful workers are being caught in the fine bureaucratic net intended to enforce existing — and often conflicting — Social Security, labor, and immigration laws. And while they will not receive much sympathy from either the U.S. government or the public, corporate legal departments are in the front line of the current battle.The October 2007 issue of Inside Counsel magazine features an excellent discussion of this phenomenon… Continue Reading →
SS Enforcement/I-9 Battle Win for Employers…as War Looms A collective sigh of relief could be heard across the U.S. this morning as General Counsels, immigration attorneys, and labor organizations heard the good news: the U.S. District Court for the Northern District of California granted a temporary injunction keeping the federal government from initiating its aggressive new enforcement of so-called “no match” Social Security letters. Under long-existing regulations, the Social Security Administration issues notifications to employers when an employee’s SSN information does not match government record. The new policy, abruptly announced this summer and immediately stayed temporarily until this federal court could review it, manifested the administration’s jaw-dropping about-face in its approach to the problem of illega… Continue Reading →
CAFTA Update- Costa Rica (Probably) Comes Aboard Well, I’ve been checking online to confirm the facts but I still can’t find definitive confirmation on Sunday’s CAFTA vote in Costa Rica. It APPEARS that voters approved it by a narrow (52%) margin.Good for them if they did. The call centers will remain open. The export opportunities to the U.S. will expand for Costa Rican businesses. The business centers and corporate affiliates will arrive in greater numbers, creating more jobs and stimulating the economy of this stunningly magnificent yet bureaucracy-ridden paradise.Maybe my friend will get even get the dial up Internet access for which he’s waited six months.The lesson in Costa Rica is not so much about what Costa Rica WILL accomplish by becoming a participant in the Central American Free Trade Agreement. … Continue Reading →