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Final Military Leave Regulations Issued By DOL
On Dec. 19, 2005, 11 years after Congress enacted the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended (USERRA), the U.S. Department of Labor issued final regulations under USERRA which became effective Jan. 18, 2006. The final regulations can be found at 20 Code of Federal Regulations (CFR), Part 1002. The DOL suggests these final regulations do not impose any new obligations on employers, but rather, serve as an implementation of the statutory requirements, as well as to clarify and interpret areas of the law. However, these regulations, the first ever issued under USERRA, turn the internal guidance of the DOL into binding regulations.
With nearly half a million uniformed service personnel being called upon by the Government to assist with the War on Terror since 2001, many employers have been or will be faced with returning service members. As these individuals return to the workplace after being called to assist the country, the burden is on the employer to comply with USERRA. Specifically, the new regulations provide, consistent with the U.S. Supreme Court's interpretation of USERRA's predecessor statute, 'This legislation is to be liberally construed for the benefit of those who left private life to serve their country' [and] ' no practice of employers ' can cut down the service adjustment benefits which Congress has secured the veterans under the Act.' Fishgold v. Sullivan Drydock and Repair Corp., 328 U.S. 275, 285 (1946).
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.