| Director and Officer Liability under OSHA |
| |
| Employers have a general duty under the Occupational Safety and Health Act (OSHA)1 to provide a workplace free from "recognized" hazards. A violation of this duty can lead to criminal sanctions2 in addition to civil penalties. An employer can also be exposed to liability under occupational safety and health regulations promulgated by the Secretary of the Department of Labor. Directors and high-level executive officers must act to reduce or eliminate workplace dangers or risk OSHA liability. More... |
| |
| Federal Antitrust Actions by States |
| |
| States are "persons" within the meaning of the Clayton Act and are entitled to bring actions on their own behalf for damages resulting to State property from violation of provisions of federal antitrust laws. For example, a state may bring a federal antitrust action for treble damages against companies that agreed on what bids would be made on a state construction project.More... |
| |
| Director Committees for NASDAQ-Listed Companies |
| |
| Required Independent Director Committees for NASDAQ-Listed CompaniesMore... |
| |
| Time Requirements for Settlement of Securities Trades |
| |
| Due to the risk of volatility in the value of securities, the Securities and Exchange Commission requires that a securities transaction must be settled or completed within three business days. "T+3" is the name given to this settlement requirement.More... |
| |
| Compliance with the ADEA/OWBPA |
| |
| After the United States Supreme Court decided Ohio v. Betts in 1989, Congress amended the ADEA by passing The Older Workers Benefit Protection Act of 1990 3 (OWBPA). The OWBPA further clarifies Congress's original intent relative to age-based discrimination in the area of employee benefits. Under the OWBPA, an employee may reduce benefits for older workers only when the cost of providing reduced benefits is the same as it is for younger workers. An employer cannot prevent an older employee's pension from accumulating or accruing if the employee works past normal retirement age. The practice of forcing older workers to take early retirement is also addressed.
More... |
| |
