NEWS |
MS&K Alerts
- Supreme Court Upholds Reasonable Searches of Employee Text Messages
July 2010
- MS&K Labor & Employment Alert
The U.S. Supreme Court recently upheld a city police department’s search of an officer’s text messages sent and received on his department-issued pager because there was a legitimate reason for it, and the scope of the search was reasonable. In this unanimous decision, the Supreme Court overruled the Ninth Circuit, which had held that the search violated the officer’s privacy because a supervisor has made an exception to the department’s written policy. - Compliance by Charities With the California Professional Fiduciaries Act
July 2010
- MS&K Charitable Sector Alert
Charitable organizations operating in California should be aware of a law that was recently enacted in California. The law's scope is broad and could have a significant impact on charities that provide trustee services for various types of trusts, including charitable remainder trusts, charitable lead trusts, and pooled income funds.
- CPSC Issuing Its Own Detention Notices June 17, 2010
- MS&K International Trade Alert
Effective June 14, 2010, the U.S. Consumer Product Safety Comission (CPSC) has started using detention notices for possible violations of its laws and regulations rather than leaving that function in U.S. Customs and Border Protection’s (CBP) hands, as in the past. If there are both CPSC and CBP violations asserted, an importer will receive a separate notice from each agency. At this time, CPSC has yet to explain on what authority it will be issuing the detention notices instead of CBP, but this could be a blessing in disguise. First, CPSC staff have made clear their intention to be specific about the reasons(s) for the detention, rather than CBP’s more vague explanations, e.g., "admissibility" or "CPSC." Second, given the complexity of consumer product safety issues, it is really only the CPSC staff which is knowledgeable, so why not deal with them directly? Here is how the Commission hopes this process will work.
- "Plan, Prevent, Protect": Department of Labor Announces New Enforcement Strategy
June 2010
- Labor & Employment Alert
Secretary of Labor Hilda Solis recently critiqued what she calls the current "catch-me-if-you-can" model for enforcement of federal labor and employment laws by the U.S. Department of Labor ("DOL"). Citing the recent tragedy at the Upper Big Branch coal mine in West Virginia, the Secretary noted that, ultimately, American workers pay the price when some employers take "shortcuts" and make "calculated decisions" not to comply with worker protection legislation. Solis announced a new DOL enforcement strategy called "Plan, Prevent, Protect." that requires employers proactively to prevent violations from occurring and to enlist employees in the enforcement effort. - CBP Special Enforcement Initiative June 10, 2010
- MS&K Trade Alert
It has long been understood that achieving 100% trade compliance with textile and wearing apparel imports has been challenging for both Customs and the trade community. In a recent presentation, Janet Labuda, the U.S. Customs and Border Protection (CBP) Director of Textile Enforcement, reminded the audience just how daunting that challenge remains. Textiles (including wearing apparel) still account for approximately 40% of all duties collected and about 22% of all import entries filed. Customs’ focus is on preference claims where a 45% rate of noncompliance has been found, but CBP is also examining short-supply fabric claims, which recently resulted in $2 million in denied claims.
- Summer is Here: Trainees and Interns June 4, 2010
- MS&K Immigration Alert
Employers must consider the various steps involved in summer programs and internships for foreign applicants - the J-1 visa. The Department of State ("DOS") administers the extensive regulations which govern J-1 visas for trainees and interns. - Arbitration of Employee Claims - It Isn't Over 'Til It's Really Over
May 2010
- MS&K Labor & Employment Alert
The old adage is that bad facts make bad law. The bad facts of Pearson Dental Supplies, Inc. v. Superior Court (California Supreme Court, April 26, 2010), resulted in bad law for employers concerning finality of employee claims in arbitration.
