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Whistleblower Provisions Do Not Apply to Workers Outside the U.S., Court Rules

- A federal judge has ruled that the whistleblower provisions of the Dodd-Frank Act that prohibit retaliation against employees do not apply to workers outside of the United States.

Supreme Court Agrees to Hear Harassment Case

- In one of its last acts of the term, the U.S. Supreme Court has agreed to consider a case that questions the definition of a “supervisor” in sexual harassment lawsuits.

The U.S. Supreme Court Upholds Health Care Law

- The U.S. Supreme Court has upheld the Affordable Care Act. Find out what this might mean for security professionals, particularly those in the contract security officer industry.

DNA

- A federal appeals court has upheld a California law that requires DNA collection from all adults arrested for felonies in the state. The court ruled that the collection of DNA is similar to the collection of fingerprints, which law enforcement has routinely collected for decades.

Whistleblower Protection

- An employee of a privately held company (as opposed to a publicly held company that comes under regulatory authority of the Securities and Exchange Commission) is not covered by the whistleblower protections offered under Sarbanes-Oxley, according to a recent appellate decision. The employee is not protected even if his employer provides services to a public entity that is covered by the act.

Legal Report

- A California appeals court rules that a company can be held liable for harassing comments made by employees on a blog, and lawmakers consider bills on counterfeit drugs, information sharing, and border security.

Employee Need Not be Aware of HIPAA to be Guilty

- A U.S. appeals court has ruled that an employee does not need to be aware of healthcare privacy laws to be guilty of violating them.

Morning Security Brief: Global Peace Index, Spy Planes in Africa, Apple Lawsuit, and More

- The latest Global Peace Index results are published. The U.S. is expanding its worldwide surveillance network with secret bases in Africa. And more.

NLRB Provides Advice on Social Media Policies

- The National Labor Relations Board has issued a memo offering advice to companies on setting up a social media policy.

Supreme Court Refuses to Hear Taser Case

- The U.S. Supreme Court has declined to hear a case involving police use of Tasers. In the case, a lower court ruled that police officers in two separate incidents engaged in unreasonable force when discharging their Tasers. However, because case law was not established at the time of the incidents, the officers were not necessarily aware of this fact. Therefore, they were protected from liability.

Whistleblowers

- A bill (H.R. 2483) that would make it mandatory for employees to first report violations to their employers in order to receive monetary awards has been approved by the House Financial Services Committee’s Subcommittee on Capital Markets and Government Sponsored Enterprises. The measure will now be taken up by the full committee.

Trespassing

- A new law (P.L. 112-98) strengthens penalties for trespassing on certain federal properties. Current federal law prohibits unauthorized entry to any building or grounds where the President is visiting. However, there was no federal law specifically prohibiting unlawful entry to the White House and its grounds or the vice president’s residence and its grounds.

ADA

- A federal district court has ruled that a company’s attendance policy violated the Americans with Disabilities Act (ADA) because it required employees to disclose the nature of their illness when providing documentation for sick leave. Under the company’s policy, a doctor’s note had to include the illness or reason for the sick leave. The court noted that this could require employees to divulge information about a disability, a violation of the ADA.
 




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