October 2011 Client Alerts

November 7, 2011

Authored by: Bryan Cave

NLRB Postpones Effective Date of “Employee Rights” Posting Requirement

The National Labor Relations Board announced on October 5, 2011, the decision to postpone until January 31, 2012 the effective date of its recently published rule requiring employers to post notices informing employees of their rights under the National Labor Relations Act.  The NLRB finalized its new notice-posting requirement in August and at that time announced that the rule would take effect on November 14, 2011.  However, federal lawsuits were filed challenging the rule and prompting many questions and uncertainty from employers across the nation.  To learn more about the rule, please click here to read the Alert published by the Labor & Employment Client Service Group on October 6, 2011.

The Computer Fraud and Abuse Act (CFAA) — The Benefits of a Computer Use Policy That Restricts Employee Access

Employers that provide employees unfettered access to company computer systems may unwittingly forfeit a valuable statutory remedy against the misappropriation of electronic data.   Such employers should ensure that they have a computer use policy in place that explicitly distinguishes between authorized and unauthorized use.  To learn more about the Act and the  federal avenue it provides to pursue employees who have misappropriated electronic information, please click here to read the Alert published by the Labor & Employment Client Service Group on October 27, 2011.

Qualified Retirement Plan Limits for Calendar Year 2012

 The IRS has announced its 2012 cost-of-living adjustments for retirement plans.   To access a chart reflecting the qualified plan limits for calendar years 2009-2012, please click here for the Alert published by the Employee Benefits & Executive Compensation Client Service Group on October 24, 2011.

FINCEN Issues a Notice of Proposed Rulemaking Requiring Cross-Border Report for Prepaid Cards

The Financial Crimes Enforcement bureau has released a proposed rulemaking that would require consumers holding prepaid cards aggregating more than $10,000 in value to report the cards when crossing into or out of the U.S., in the same way that they report cash, travelers checks and other monetary instruments.  Please click here to read the Alert published by the Financial Institutions Client Service Group on October 18, 2011.

Significant Changes to California Employment Law Effective January 1, 2012

Governor Jerry Brown recently signed into law a bill dramatically limiting California employers’ ability to use consumer credit reports in connection with employment applications or decisions to continue employment of current employees.  Employers who use credit reports to evaluate applicants/employees cannot use them after January 1, 2012 unless one of the exceptions set forth in the law applies.  To learn more, click here to read the Alert published by the Labor & Employment Client Service Group on October 24, 2011.

New Employment Regulations Will Affect Maternity, Foreigner Insurance in China

The Social Insurance Law of the People’s Republic of China became effective July 1, 2011.  Accompanied by a set of implementing regulations, the law forms a standardized social security framework for all employers and employees in China.  To read about the detailed rules and regulations issued by China’s national, provincial and municipal governments to implement and clarify the law, please click here for the Alert published by the Asia Labor & Employment Client Service Group on October 4, 2011.