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Author Archives: Cynthia Marcotte Stamer
Health Care Reform Adds New Cost Implications To Already Hot Worker Misclassification Risks
Businesses using non-employee workers should heed the recently announced expansion of the Internal Revenue Service (IRS) Voluntary Classification VCS Program (VCS Program) as yet another warning to clean up their worker classification practices and defenses for all workers performing services … Continue reading
Posted in CEO, Director Liabiloity, Employee Benefits, Employment, Fiduciary Responsibility, Health Plans, Tax
Tagged CFO, Compliance, fianance, Fiduciary Liability, Fiduciary Responsibility, health care reform, health insurance, health plans, Human Resources, Officers & Directors, risk managmenet
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Businesses Urged To Strengthen Their Worker Classification Defenses As IRS, Other Agencies Step Up Audits & Enforcement
Businesses using non-employee workers should heed the recently announced expansion of the Internal Revenue Service (IRS) Voluntary Classification VCS Program (VCS Program) as yet another warning to clean up their worker classification practices and defenses for all workers performing services…
Posted in Uncategorized
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13 Tips To Help Business Cope With Health Care Reform Now!
Since the Supreme Court’s June 28, 2012 National Federation of Independent Business v. Sebelius health care reform ruling upholding the “pay or play” mandates of the Patient Protection & Affordable Care Act (ACA), most business leaders, plan fiduciaries, health insurers, administrators of employment-based … Continue reading
Posted in CEO, Director Liabiloity, Employee Benefits, Employment, Fiduciary Responsibility, Health Plans, Tax
Tagged CFO, Compliance, fianance, Fiduciary Liability, Fiduciary Responsibility, health care reform, health insurance, health plans, Human Resources, Officers & Directors, risk managmenet
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FTC Settlement With Mobile Device & App Developer Shows Developers & Businesses Need To Manage Mobile App & Data Security
Businesses using mobile devices or applications and the mobile device or other technology developers and providers need to get serious about security. With technology and other business providers use of mobile applications in marketing and other business uses proliferating, the … Continue reading
Posted in CEO, D&O, Data Security, Director Liabiloity, Employee Benefits, Employment, Health Plans, Internal Controls, Officers, Privacy, Reengineering
Tagged data breach, Data security, FTC, Privacy, techology
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Texas Champion Bank Settlement of Charges of Illegal Lending Discrimination Reminder To Business To Tighten Business Practices
A Justice Department settlement with Texas Champion Bank of Alice, Texas is the latest reminder to U.S. lenders and other businesses of the importance of ensuring that their lending and other business practices are defensible under defensible under U.S. discrimination … Continue reading
Posted in CEO, D&O, Director Liabiloity, Employee Benefits, Employment, Health Plans, Internal Controls, Officers, Reengineering
Tagged ADA, EEOC, GINA, OFCCP, Rehabilitation Act, Risk Management
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Food Allergies May Be Disabilities Requiring Accommodation Under The ADA
The Justice Department’s recently Lesley University Settlement (Settlement) announced by the Justice Department on December, 21, 2012 should be a reminder to employers and others covered by the Americans With Disabilities Act (ADA) of the potential advisability of establishing policies or … Continue reading
Posted in CEO, D&O, Director Liabiloity, Employee Benefits, Employment, Health Plans, Internal Controls, Officers, Reengineering
Tagged ADA, EEOC, GINA, OFCCP, Rehabilitation Act, Risk Management
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2013 Tax Code Inflation Adjustments Announced
The Internal Revenue Service announced today annual inflation adjustments for tax year 2013, including the tax rate schedules, and other tax changes from the recently passed American Taxpayer Relief Act of 2012. The tax items for 2013 of greatest interest … Continue reading
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Drop In Company Stock Value Held By Benefit Plans Puts Plans, Company, Management & Fiduciaries At Risk
Companies that sponsor employee benefit plans that have purchased or own stock in their sponsor beware. Declines in the stock value of company stock purchased by employee stock ownership plans (ESOP) or other employee benefit plans in their plan sponsor … Continue reading
Posted in Uncategorized
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12/31 Hiring Deadline To Claim Work Opportunity Tax Credit For Hiring Vets
U.S. businesses planning to hire for positions that veterans qualify for might want to make their hiring decision by December 31, 2012 to take advantage of a possible opportunity to receive a Work Opportunity Tax Credit. Employers planning to claim an … Continue reading
Posted in Bankruptcy, CEO, Director Liabiloity, Employee Benefits, Employment, Fiduciary Responsibility, Internal Controls, Labor Relations, M&A, Officers, Reductions In Force, Reengineering, Tax, Turnaround Management
Tagged Bankruptcy, change management, Corporate Taxes, Employer, employment, ERISA, Hiring, Human Resources, Labor-Management, management, mergers, Officer liability, reduction in force, reductions in force, Reengineering, RIF, shut down, Tax Credit, turn around, turn around management, unfair labor practices, union
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RIFS & Other Workforce Changes Require Careful Legal & Operational Management
Hotel Bel-Air Gets Labor Gocha When Offering Severance A National Labor Relations Board (NLRB) decision that nails Hotel Bel-Air (Hotel) for offering severance packages to unionized workers highlights one of a range of potentially costly missteps that businesses conducting reductions … Continue reading
Posted in Bankruptcy, CEO, Director Liabiloity, Employee Benefits, Employment, Fiduciary Responsibility, Internal Controls, Labor Relations, M&A, Officers, Reductions In Force, Reengineering, Tax, Turnaround Management
Tagged Bankruptcy, change management, ERISA, Human Resources, Labor-Management, management, mergers, Officer liability, reduction in force, reductions in force, Reengineering, RIF, shut down, turn around, turn around management, unfair labor practices, union
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Brace For New Disability Discrimination Claims In Response To October, 2012 Disability Awareness Month Celebrations
President Obama’s declaration today (October 1, 2012) of October as National Disability Employment Awareness Month reminds business that U.S. businesses and their leaders need to tighten their disability discrimination risk management and compliance in light of the Obama Administration’s emphasis on … Continue reading
Posted in CEO, D&O, Director Liabiloity, Employee Benefits, Employment, Health Plans, Internal Controls, Officers, Reengineering
Tagged ADA, EEOC, GINA, OFCCP, Rehabilitation Act, Risk Management
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ARRA, Other Government Contractors Face Growing Enforcement & Audit Risks
Government contractors need to tighten compliance and risk management in light of rising OFCCP and other enforcement. Continue reading
Posted in D&O, Director Liabiloity, Employment, Internal Controls, Officers
Tagged Disability, discrimination, EEOC, Government Contractor, National Origin, OFCCP, Race, Sex
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Disability Exposures Big US Business Risk; New DOD App Helps ID Resources
Businesses and individuals looking to find solutions to help accommodate persons with disabilities may find a new free app for Apple Devices from the Department of Defense (DOD) Computer/Electronic Accommodations Program helpful. The new application now available in the iTunes App store … Continue reading
Posted in Bankruptcy, CEO, D&O, Director Liabiloity, Employment, Fiduciary Responsibility, Fraud, Internal Controls, M&A, Officers, Reengineering, Shareholder Liability, Tax, Uncategorized
Tagged Compliance, directors liability, Disability Discrimination, Employer, employment, facebook, Federal Sentencing Guidelines, Internal Controls, labor law, linkedin, NLRB, officers liability, Risk Management, Sarbanes-Oxley, social media, Sox, unfair labor practices, union
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Personal Consumer Information Protection in Hospital/Healthcare Setting At HIMSS November 11
Stamer Speaks on “PCI In the Hospital/Healthcare Setting” on 11/1 in LA Cynthia Marcotte Stamer will speak on “PCI In The Hospital/Healthcare Setting” at the Privacy and Security Forum in Los Angeles, CA on Thursday, November 1. About The Program … Continue reading
Posted in Bankruptcy, CEO, D&O, Director Liabiloity, Employment, Fiduciary Responsibility, Fraud, Internal Controls, M&A, Officers, Reengineering, Shareholder Liability, Tax, Uncategorized
Tagged Compliance, Data security, directors liability, Disability Discrimination, Employer, employment, facebook, FACTA, Federal Sentencing Guidelines, health care, HIPAA, Internal Controls, labor law, linkedin, NLRB, officers liability, PCI, personal consumer information, Privacy, Risk Management, Sarbanes-Oxley, social media, Sox, unfair labor practices, union
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Obama Administration Continues War On Management Despite NLRB’s Tempoary Setback In Suit Against Arizona Secret Ballot Law
Businesses concerned about Obama Administration-backed efforts to promote its pro-labor agenda must stay diligent. Although a U.S. District Court judge in Arizona this week rejected a bid by the National Labor Relations Board (NLRB) to have an Arizona state constitutional amendment requiring secret balloting in union organizing campaigns invalidated as preëmpted by the National Labor Relations Act (NLRB) on its face, the Court left the door open for a potentially successful challenge to the Arizona secret ballot amendment in the future depending on how Arizona applies the law. Furthermore, considered in the context of the Obama Administration’s broader pro-union regulatory and enforcement agenda, the NLRB’s challenge to the Arizona and other state secret ballot laws reminds businesses that their operation face a minefield of mounting labor-management relations risks. In light of these expanding exposures, business leaders should update their policies and practices to mitigate the rising risks while keeping a close eye on the Obama Administration’s ongoing effort to expand the power of organized labor by challenging secret ballot mandates in Arizona and other states and the plethora of other pro-union regulatory and enforcement efforts.
Posted in Bankruptcy, CEO, Director Liabiloity, Employment, Internal Controls, M&A, Reengineering, Uncategorized
Tagged Compliance, Employer, Human Resources, Labor-Management, NLRA, NLRB, Reengineering, Risk Managment, union
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Companies, Officers, Directors, Fiduciaries & Vendors Urged To Confirm ERISA Credentials & Bonding For Internal Staff, Plan Fidiciaries, Vendors Dealing With Benefits
Businesses sponsoring employee benefit plans and officers, directors, employees and others acting as fiduciaries with respect to these employee benefit plans should take steps to confirm that all of the appropriate fiduciary bonds required by the Employee Retirement Income Security Act of … Continue reading
12 Steps Every Business With Employee Health Plan Should Do Now To Manage Risks & Liabilities
While most employer and union health plan sponsors, fiduciaries and administrators are bracing to cope with “pay or play” and other mandates of the Affordable Care Act in 2014, many employer and other health plan sponsors are failing to take steps necessary now to manage already accruing exposures and costs arising from mandates applicable to their health plans under the Affordable Care Act and other federal regulations and to prepare to meet upcoming responsibilities.
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Posted in CEO, Director Liabiloity, Employee Benefits, Employment, Fiduciary Responsibility, Health Plans, Tax
Tagged CFO, Compliance, fianance, Fiduciary Liability, Fiduciary Responsibility, health care reform, health insurance, health plans, Human Resources, Officers & Directors, risk managmenet
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Businesses Looking For Investment Without Registration Should Ensure Accredited Investor & Other Security Practices Up-To-Date
Public companies trading on national securities exchanges may need to update proxy disclosures on the use of consultants and adjust Board compensation committee practices in response to new rules implementing Section 10C of the Securities and Exchange Act (SEC) enacted as … Continue reading
IRS Shares Model Section 83(b) Election Language; Execs & Companies Should Use Care When Handling Tax, Other Compensation Matters
New model notice to help Continue reading
Posted in Bankruptcy, CEO, D&O, Director Liabiloity, Employment, Fiduciary Responsibility, Fraud, Internal Controls, M&A, Officers, Reengineering, Shareholder Liability, Tax, Uncategorized
Tagged Compliance, directors liability, Employer, employment, facebook, Federal Sentencing Guidelines, Internal Controls, labor law, linkedin, NLRB, officers liability, Risk Management, Sarbanes-Oxley, social media, Sox, unfair labor practices, union
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Record $10M Plus Housing Disability Discrimination Settlement Shows Disability Exposures Big US Business Risk
A $10,250,000 settlement announced by the Justice Department today (June 25, 2012) with JPI Construction L.P. (JPI) and six other JPI firms is the largest-ever disability-based housing discrimination settlement discriminated. The settlement resolves Justice Department charges the JPI and its affiliates illegally discriminated on the … Continue reading
Posted in Bankruptcy, CEO, D&O, Director Liabiloity, Employment, Fiduciary Responsibility, Fraud, Internal Controls, M&A, Officers, Reengineering, Shareholder Liability, Tax, Uncategorized
Tagged Compliance, directors liability, Disability Discrimination, Employer, employment, facebook, Federal Sentencing Guidelines, Internal Controls, labor law, linkedin, NLRB, officers liability, Risk Management, Sarbanes-Oxley, social media, Sox, unfair labor practices, union
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Obama’s Comments Remind Businesses Of Rising Disability Discrimination Enforcement Risks On Olmstead Anniversary
Statements made today (June 22, 2012) by the Obama Administration confirm that U.S. businesses face a continuing and growing need to be on guard to defend against potential disability discrimination liabilities.
Posted in Bankruptcy, CEO, D&O, Director Liabiloity, Employment, Fiduciary Responsibility, Fraud, Internal Controls, M&A, Officers, Reengineering, Shareholder Liability, Tax, Uncategorized
Tagged Compliance, directors liability, Disability Discrimination, Employer, employment, facebook, Federal Sentencing Guidelines, Internal Controls, labor law, linkedin, NLRB, officers liability, Risk Management, Sarbanes-Oxley, social media, Sox, unfair labor practices, union
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June 30 Deadline To Report Foreign Bank and Financial Account Information Looming
Got a foreign bank account? You may need to get moving to avoid missing an important reporting deadline on June 30.
Posted in Bankruptcy, CEO, D&O, Director Liabiloity, Employment, Fiduciary Responsibility, Fraud, Internal Controls, M&A, Officers, Reengineering, Shareholder Liability, Tax, Uncategorized
Tagged Compliance, directors liability, Employer, employment, facebook, Federal Sentencing Guidelines, Internal Controls, labor law, linkedin, NLRB, officers liability, Risk Management, Sarbanes-Oxley, social media, Sox, unfair labor practices, union
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Businesses Looking For Investment Without Registration Should Ensure Accredited Investor & Other Security Practices Up-To-Date
Businesses looking to raise investment from private investors without registration in accordance with applicable federal and state securities laws requirements for publicly traded investments need to exercise care that their practices meet all requirements, particularly in light of recent changes to … Continue reading
Landlords, Lenders & Other Businesses Face Growing Exposures For Failing To Accommodate Special Needs Of Customers
Businesses should take steps to make sure that their business properties, operations and people are properly prepared to meet the special needs of customers and other persons with disabilities, language restrictions or other protected status requiring accommodation in light of the growing emphasis of the Obama Administration on enforcing disability discrimination laws.
Posted in Bankruptcy, CEO, D&O, Director Liabiloity, Employment, Fiduciary Responsibility, Fraud, Internal Controls, M&A, Officers, Reengineering, Shareholder Liability, Tax, Uncategorized
Tagged Compliance, directors liability, discrimination, Employer, employment, facebook, Federal Sentencing Guidelines, Internal Controls, labor law, linkedin, NLRB, officers liability, real estate, Risk Management, Sarbanes-Oxley, social media, Sox, unfair labor practices, union
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UTD, Others Offer Corporate Leaders Tips On “Succeeding with Financing in a Time of Economic Uncertainty” At 2/29 Program
Corporate Directors, Executives and Financial Officers may want to check out the program on “Succeeding with financing in a time of economic uncertainty” that The Center for Finance Strategy Innovation (CFSI) and The Institute for Excellence in Corporate Governance (IECG) Of The University of Texas at Dallas Naveen Jindal School of Management plan to present on Wednesday, February 29, 2012 11:30am – 1:30pm in the Executive Education Dining Room (JSOM 1.606), Naveen Jindal School of Management
Strategic Preparation & Planning Promote Change Readiness & Effectiveness
In today’s rapidly evolving business environment, the ability of businesses and their leaders to respond appropriately and effectively to changing circumstances often is key to success. Effectiveness often comes from planning and execution.
Georgia Manufacturer Requiring Excessive I-9 Work Eligibility Documentation Nailed For Illegal Discrimination
The Justice Department’s December 30, 2011 announcement of its negotiation of a settlement with small Georgia rug manufacturer Garland Sales Inc. (Garland) shows all businesses run big risks for violating Federal Civil Rights and other employment discrimination laws. Careful processes and procedures to balance compliance with I-9 documentation rules and exposures to discrimination charges.
Posted in Bankruptcy, CEO, D&O, Director Liabiloity, Employment, Fiduciary Responsibility, Fraud, Internal Controls, M&A, Officers, Reengineering, Shareholder Liability, Tax, Uncategorized
Tagged Compliance, directors liability, Employer, employment, facebook, Federal Sentencing Guidelines, Internal Controls, labor law, linkedin, NLRB, officers liability, Risk Management, Sarbanes-Oxley, social media, Sox, unfair labor practices, union
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Record-Breaking Countrywide Settlement Highlights Rising Exposures of US Businesses To Discrimination Prosecution
The Obama Administration sent another sharp reminder to U.S. businesses about their growing exposure to prosecution for illegal discrimination practices when it filed its largest residential fair lending settlement in history this week.
The latest in a stream of discrimination enforcement actions taken by the Obama Administration against U.S. businesses for alleged violations of U.S. civil rights and other discrimination laws, the settlement agreement announced December 21, 2011 provides for payment of $335 million in compensation to the more than 200,000 qualified African-American and Hispanic borrowers that Federal officials allege were victims of the widespread pattern or practice of illegal discrimination against qualified African-American and Hispanic borrowers by Countrywide Financial Corporation and its subsidiaries (Countrywide) while Countrywide served as one of the nation’s largest single-family mortgage lenders and originated more than 4 million residential mortgage loans. Bank of America now owns Countrywide.
Posted in Bankruptcy, CEO, D&O, Director Liabiloity, Employment, Fiduciary Responsibility, Fraud, Internal Controls, M&A, Officers, Reengineering, Shareholder Liability, Tax, Uncategorized
Tagged Compliance, directors liability, Employer, employment, facebook, Federal Sentencing Guidelines, Internal Controls, labor law, linkedin, NLRB, officers liability, Risk Management, Sarbanes-Oxley, social media, Sox, unfair labor practices, union
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IRS Releases Guidance on Foreign Financial Asset Reporting
The Internal Revenue Service in coming days will release a new information reporting form that taxpayers will use starting this coming tax filing season to report specified foreign financial assets for tax year 2011. US businesses with foreign assets or accounts need … Continue reading
Posted in Bankruptcy, CEO, D&O, Director Liabiloity, Employment, Fiduciary Responsibility, Fraud, Internal Controls, M&A, Officers, Reengineering, Shareholder Liability, Tax, Uncategorized
Tagged Compliance, directors liability, Employer, employment, facebook, Federal Sentencing Guidelines, Internal Controls, labor law, linkedin, NLRB, officers liability, Risk Management, Sarbanes-Oxley, social media, Sox, unfair labor practices, union
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New School Racial Accommodation Guidance Gives Important Insights For Schools & Other Organizations On Obama Administration Affirmative Action Enforcement
Race One Of Many Enforcement Priorities On Administration Agenda Schools as well as U.S. private businesses and governmental agencies generally should examine two new guidance documents available here detailing what voluntary affirmative action and racial integration options that the Obama … Continue reading
Posted in Bankruptcy, CEO, D&O, Director Liabiloity, Employment, Fiduciary Responsibility, Fraud, Internal Controls, M&A, Officers, Reengineering, Shareholder Liability, Tax, Uncategorized
Tagged affirmative action, Compliance, directors liability, education law, Employer, employment, facebook, Federal Sentencing Guidelines, Internal Controls, labor law, linkedin, NLRB, officers liability, public education, race discrimination, Risk Management, Sarbanes-Oxley, school, social media, Sox, unfair labor practices, union
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Cynthia Marcotte Stamer
slproc.com 
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