INSIDE COMPLIANCE – Page 78 – Loyola University Chicago School of Law

Managing Human Resources and Compliance in the #MeToo Era

September 23, 2019Uncategorized

In October of 2017, the downfall of disgraced sexual harasser Harvey Weinstein made national news and started what is now popularized as the #MeToo movement. Since then, numerous people have come forward to share their stories of workplace harassment in various industries. This leaves those in the human resources and/or compliance departments with a two-fold task: (1) protecting their employees, and (2) protecting the organization from legal liability regarding sexual (and other forms of) harassment in the workplace.

Social Media Sweepstakes: As Easy as Reposting or Liking?

September 20, 2019The Marketplace

Sunny Co Clothing posted a photo of a woman wearing a red swimsuit with a caption reading “EVERYONE that reposts and tags us in this picture within the next 24 HOURS will receive a FREE Pamela Sunny Suit” – along with other applicable rules. Instagram went crazy with thousands of reposts. The following day, Sunny Co Clothing posted a second photo stating that they had the right to cap the promotion if they so choose. Many people, myself included, questioned how this retraction was possible. Could it be as simple as reposting an Instagram photo and tagging the company to receive a $64.99 swimsuit for free? The answer is yes, but with a caveat. One must follow the federal sweepstakes laws, applicable sweepstakes laws of the participants’ home states, and the governing rules of all the social medial platforms where the post appears. Easy, right?

ContestsLotterysocial mediaSweepstakes

Virtual Influencers Leave Unanswered Questions on FTC Act Compliance

October 30, 2019Uncategorized

Thanks to the continued prominence of social media in people’s daily lives, it is no surprise that more familiar marketing strategies such as celebrity product endorsements would update for the current era. Recently, social media advertising has practically entered the realm of science fiction with the introduction of computer-generated influencers. These avatars are created to sell, but who is responsible if they fail to comply with advertising laws?

complianceadvertisingFTC ActFTCsocial media

Are Tech Companies Doing Enough to Combat Social Media’s Harmful Effects?

November 8, 2019Uncategorized

Today, we have entire generations of people who do not know life without the internet. Social medial plays a central role in the lives of these individuals. Originally created to serve a purely social function, social media platforms have changed. Many consumers even use sites like Twitter, Snapchat, and Instagram as their primary source of news. In addition, social media is an integral marketing tool for many businesses. No matter its function, no one can deny the presence of social media in our everyday lives. The impact of social media is so profound that it is worth considering its negative effects. In particular, social media companies must be cognizant to their platform’s impact on adolescents. Many Americans, mainly parents, feel social media companies are not doing enough. But are they required to do more? Should the government become involved, similar to their involvement in the Facebook privacy controversy?

Privacy & SecurityRegulation

New Department of Labor Overtime Rules

December 5, 2019Uncategorized

In September, the Department of Labor announced a final revised “Overtime Rule” set to take effect on January 1, 2020, that raises the “standard-salary level” from $455 to $684 weekly to an annual total of $35,568. This will entitle anyone making less than this standard salary to receive fifty percent more in hourly wages for any hours worked in excess of forty in one week because they are no longer “exempted” from the overtime pay requirement in the Fair Labor Standards Act. The Rule is expected to allow 1.3 million previously-exempt workers access to overtime pay. Workers who make more than this threshold can still receive overtime pay if their roles do not include substantial decision making such as administrative, professional, or executive jobs.

EmploymentDepartment of LaborovertimeFair Labor Standards Act

The Covert Consequences of Organic Food Labeling

November 29, 2019The Marketplace

According to the United States Department of Agriculture (USDA) the organic food market is experiencing double-digit growth in recent years. Despite the list of reasons that bump up the cost of organic foods, consumers are increasingly willing to pay a premium. Unfortunately for consumers, the weak, unclear, and sometimes non-existent labeling regulations imposed on organic products means that they may not be getting what they think they are paying for.

labelsOrganicUSDARegulation

The Environmental Impact of E-Commerce Markets During the Holiday Season

November 27, 2019Uncategorized

As the holiday season fast approaches, many Americans are busy planning celebrations with friends and family and shopping for the perfect gift for their loved ones. We often stress about holiday parties and travel arrangements. For many of us, however, our impact on the environment during this time is not of great importance. Unfortunately, during this time, both household and commercial waste increases at often due to online shipments. The convenience of internet shopping, especially around the holidays, packs an environmental punch. As consumers, we must be cognizant of this impact when we decide to purchase online. Not only must we be aware of our own consumption, we must also consider the awareness and efforts of e-commerce platforms to address environmental concerns during this busy time.

environmental regulation

Training Staff to Protect Patient Privacy in the Era of Electronic Health Records

November 26, 2019Uncategorized

The rapid evolution of electronic health records has dramatically changed the healthcare system in the past two decades. Healthcare organizations, both large and small, have transitioned from paper records to hybrid records, and then finally, for many organizations, to completely electronic data. In 2009, the American Reinvestment & Recovery Act (ARRA) created the federal “Meaningful Use” program. This program essentially amounted to a significant government subsidy for practices transitioning to electronic health records and provided funding for organizations to purchase electronic health records subscriptions from health information technology companies in exchange for complete adoption, implementation, and the regular development of quality reporting measures using the new software.

The American Bar Association and its Influence on the Legal Profession, and Beyond

November 22, 2019Uncategorized

If you are a law student, lawyer, or have any association with lawyers, you have likely heard of the American Bar Association (ABA). The ABA has a great deal of influence in the legal profession, politics, the corporate world, and beyond. Recently, the ABA made headlines after a judicial nominee cried to the Senate during his Senate Committee hearing. This was, in part, due to the ABA’s influence. An ABA evaluator sent a scathing letter to the committee, putting into question the nominee’s character. This letter came under attack by Republicans for its alleged biased and untruthful nature. Despite the dividing nature of the letter, the ABA’s impact is undeniable.

EducationEmploymentAmerican Bar AssociationABALegal ProfessionLegal Education

Safeguarding Your Face: Regulating Facial Recognition Technologies

November 21, 2019Uncategorized

The use of facial recognition technology in the commercial context generates numerous consumer privacy concerns. As technology becomes increasingly present in many aspects of our life, regulations on states and federal level are struggling to catch up. Currently, only three states (Illinois, Washington, and Texas) implemented biometric privacy laws, and only Illinois grants individuals with a private right of action.

AIBiometricsBIPAJournal of Regulatory ComplianceFacial Recognitionprivacy