Nico Delvaux Appointed New President and CEO of ASSA ABLOY

STOCKHOLM, Dec. 18, 2017 /PRNewswire/ — The Board of Directors of ASSA ABLOY AB has appointed Nico Delvaux as the new President and CEO of ASSA ABLOY AB, effective June 18, 2018 at the latest. He will replace Johan Molin, who will leave his position after twelve successful years as CEO…

McKesson Responds to Recent 60 Minutes Story

SAN FRANCISCO–(BUSINESS WIRE)–In response to a recent 60 Minutes story about McKesson’s January 2017 settlement agreement with the federal government, McKesson issued the following statement: We were disheartened to see today’s 60 Minutes story on McKesson and the opioid crisis contain sweeping and unsubstantiated accusations against our company. We provided extensive information to the news outlet by way of interviews with and statements from McKesson and its representatives – including a ca

Much-Needed Certainty and Transparency Created by DOJ’s New FCPA Corporate Enforcement Policy

Seyfarth Synopsis: After many years of criticism, the Department of Justice recently announced a revised FCPA Corporate Enforcement Policy aimed at incentivizing—and providing substantially more certainty and transparency to—the FCPA voluntary disclosure process. The Policy, which has been incorporated into the U.S. Attorneys’ Manual, sets out an important FCPA prosecutorial enforcement presumption, namely, that the government will decline to prosecute non-recidivist companies whose FCPA conduct is not particularly egregious and that meet certain specified standards in an effort to concretely incentivize companies to come forward and self-report their misconduct. Those particular standards include voluntary self-disclosure, full cooperation, disgorgement of ill-gotten profits, and timely and appropriate remediation. The Policy also offers staggered sentencing benefits to companies that fall short of satisfying all of the criteria for receiving the full incentives of the new FCPA Policy, but who still deserve some concrete and pre-ordained sentencing credit.
Under those staggered benefits, a company that voluntarily self-discloses its FCPA misconduct but whose conduct is particularly aggravating will qualify for a 50% reduction off the low end of the applicable U.S. Sentencing Guidelines fine range and generally not require appointment of a monitor, assuming in the case of the latter that the company has an effective compliance program in place at the time of the resolution. In those matters where a company does not make a voluntary self-disclosure to the government, but otherwise fully cooperates with the government in its investigation and upholds the other standards of the Policy, the DOJ will recommend a sentencing reduction of up to 25% off of the low end of the applicable Guidelines range.
The new DOJ FCPA Corporate Enforcement Policy can be found here.
For the full version of this article, which originally appeared in Bloomberg Law White Collar Crime Report, 12 WCR 999 (Dec. 8, 2017), please click here.

’Tis the Season for New Jersey CEPA and Gender Equity Notices and Increased Minimum Wage

Seyfarth Synopsis: It is once again that time of year when we remind our clients with operations in New Jersey of their obligation to distribute certain required notices to their employees as well as an increase in the minimum wage.

First, those employers with 10 or more employees, regardless of whether those employees work in New Jersey or outside the state, must distribute annually (not merely post) the required notice under the Conscientious Employee Protection Act (CEPA).  The CEPA Notice, which must be provided in both English and Spanish to New Jersey employees, can be accessed here.  Please be sure to fill out the “Contact Information” section prior to distribution.  This distribution may take the form of email, provided the subject employees typically have access to email in the course of their job duties.  Otherwise, hardcopy distribution is required.

Second, on or before December 31, employers with 50 or more employees, regardless of whether those employees work in New Jersey or outside the state, must provide employees with a Gender Equity Notice, which can be accessed here

The Gender Equity Notice can be distributed to New Jersey employees by:

  • email;
  • printed material “including, but not limited to, a pay check insert, brochure or similar informational packet provided to new hires, an attachment to an employee manual or policy book; or flyer distributed at an employee meeting”; or
  • an internet or intranet website “if the site is for the exclusive use of all workers, can be accessed by all workers, and the employer provides notice to the workers of its posting.”

Importantly, the Gender Equity Notice must be accompanied by an acknowledgment of receipt (signed or e-verified) by the employee, which must be returned within 30 days of receipt of the Notice.  The law also requires that the acknowledgement be signed every time that the Notice is distributed.  While CEPA does not expressly require such a signed acknowledgement, employers may wish to consider it.

Finally, the minimum wage in New Jersey will increase to $8.60 an hour effective January 1, 2018.  As such, employers should be sure to post the updated minimum wage poster, which can be accessed here.

Happy Holidays!

Preventing #MeToo in the Workplace: How Employers Talk the Talk And Walk the Walk

Seyfarth Synopsis: Gone are the days where sexual harassment training will be enough. It’s time to shift the workplace focus from just ticking a box (i.e., training complete) to creating a culture where harassment (or discrimination) of any kind is truly not tolerated. Promptly and effectively responding to such allegations is one step in the right direction. This is the second article in a three-part series addressing sexual harassment in the workplace, which looks closely at corporate culture and provides tips on how companies might avoid being the next sexual harassment headline.

Read the full blog post.

Will the NLRB Let Employers Go Back to Conducting Confidential Investigations in the Workplace?

Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel. It previews many anticipated developments during the Trump Administration. Our blog is exploring a different aspect of the memo each day during the first three weeks of December. Click here, here, here, here, here & here to find prior posts.

Read the full blog post.