Privacy Bill Clears Committee [more...]

Overtime Rules Change [more...]

Liar, Liar, Pants on Fire [more...]

Humor at Work [more...]

Have Your Lawyer Call My Lawyer [more...]

Domestic Violence Goes to Work [more...]

Need a Raise? [more...]

The House Ways and Means Committee unanimously approved the Social Security Number Privacy and Identity Theft Prevention Act of 2004 just one week after it was forwarded by the House Subcommittee on Social Security. According to U.S. Rep. E. Clay Shaw Jr. (R-FL), his bill provides a way to fight both identity theft and terrorism. HR 2971 now goes to two other House committees: Energy and Commerce and Financial Services. Ways and Means asked both groups to bring the bill to vote quickly.

But some security professionals and terrorism experts disagree with Shaw's claims. While supporting the bill's objectives, they say it is problematic because it would hinder their efforts to locate witnesses or debtors, track down heirs and criminals, and even find potential organ or bone marrow donors. Attorneys who rely on private investigators are concerned that the bill, if passed, will make locating witnesses, defendants, and wrong-doers nearly impossible. Others say that if the bill passes, criminal defense attorneys and attorneys in civil cases will have more difficulty obtaining the information they need to defend the rights of their clients. Supporters of the legislation acknowledge these possibilities and claim most information will still be available to those looking for it if they have a legitimate "permissible purpose" under the Fair Credit Reporting Act. Permissible purposes include things such as consideration for employment, issuance of credit, or debt collection.

HR 2971 would prohibit the sale and public display of Social Security numbers, put new limits on the dissemination of SSNs, and make it harder for businesses to deny services to customers who refuse to provide their numbers. The bill's restrictions would apply to federal, state and local governments, as well as those in the private sector. Prosecutors and police are exempted. The bill would enforce its provisions with stiff new criminal penalties on those that unlawfully buy, sell, or misuse a Social Security number.

Some say outlawing the use of SSNs to stop identity theft is the equivalent of outlawing telephones to stop securities fraud. As currently drafted, the bill would deny a cost-effective means to fight crime and protect consumer rights. The bill adversely impacts the ability of finding witnesses, lost children, deadbeat parents and heirs by restricting the private sector's ability to access the tools needed to locate them. We oppose HR 2971 and hope our readers do too. To voice your opinion, call or write your representative.

Eugene F. Ferraro, CPP, CFE, Editor

The most sweeping change to overtime rules in 50 years goes into effect this month. Employers have found interpreting the 474 pages of new rules challenging. Some acknowledge that it will be months before they are in full compliance; others say the rules will have no impact on them or their employees. Here are the highlights of the Labor Department's new regulations:

• Workers earning $23,660 annually or less are eligible for overtime pay when working more than 40 hours per week. DOL estimates that 1.3 million workers will be eligible.
• White-collar workers earning $100,000 or more a year will be exempt from overtime pay.
• Those performing professional, administrative, or executive duties will be exempt from overtime even when not supervising others.

Résumé fraud continues to frustrate employers looking for qualified workers. Firearms maker Smith & Wesson recently learned its chairman had served time in the 1960s for armed robbery with a sawed-off shotgun. Other embarrassments include: Notre Dame's head football coach, who falsely claimed to have a master's degree; the CEO and chairman of Sunbeam Corp., who failed to reveal two prior firings; and Veritas' (Latin for truth) CFO, who falsely claimed to have an M.B.A.

A study by the American Psychological Association several years ago concluded that 67% of all Résumé contained some inaccurate or false information. More recently, the executive search firm Christian & Timbers found that 25% of the executive Résumé of a 7000 sample were inaccurate. Most of the executives exaggerated easy-to-check details like years of employment, college degrees, and credentials. "Without checking references or verifying an applicant's credentials, how do you know who you are hiring?" said one HR consultant.

For a small investment employers can hire a third party to quickly search criminal records, verify employment and education, and check references. But employers should not select the cheapest vendor. The better screeners offer their services online and are able to electronically track all work in process. Remember-you get what you pay for.

An employee went missing for several hours. Panicked co-workers frantically searched for him for hours. The boss finally found him fast asleep under a conference table. Rather than wake him, he quietly placed a note beside the man. "As long as you're asleep," it read, "you have a job. But as soon as you wake up, you're fired."

Source: Reader's Digest, August 23, 2004

Been in a car wreck or injured on the job and planning to sue? Go ahead, but don't expect to win millions. Jury Verdict Research in Horsahm, Pennsylvania says the median jury award last year for traffic accidents – which accounts for 59% of all personal-injury claims – was $20,000. Back and neck strain from a fender-bender fetched a paltry $8,600. More bad news: The median wait from time of accident to trial – thirty-eight months! (Source: U.S. News & World Report 2002)

Deb and Bill dated only three months before they were married. Both in their mid-thirties, they were career-minded and goal-driven. Each had been married previously while in their twenties, yet claimed the unfortunate experience had not left any permanent scars. But trouble for the couple began almost immediately. Bill unexpectedly lost his job and with it, his ambition. He became increasingly irritable and suspicious. Lacking any proof, he accused Deb of having an affair at work. Then, obsessed with the notion his wife was cheating, he began to follow her. He monitored her every movement. He secretly watched and followed her at work and while on business travel. He secretly took pictures of her in their home and recorded her telephone conversations. They began to argue and exchange insults. Realizing the potential for violence, Deb left Bill and filed for divorce.

Now living alone and without a job, Bill began to drink heavily during the day. His mental condition began to deteriorate and his thinking became less rational. The combination of Bill's low self-esteem, a latent personality disorder, and alcohol abuse gave way to thoughts of self-destruction and suicide. Yet he was obsessed with Deb and the relationship that existed only in his mind. Unable to control his emotions he went to her workplace to see her. The emotional confrontation quickly became physical. The police were called and he was arrested and charged with assault. Following his release he began to stalk her. Everywhere she went, he was there secretly watching. Occasionally making contact with her, he made her life a living hell. Only when he returned to her workplace again, this time with a gun, did her employer realize that Bill was now their problem as well.

Such are the elements of domestic problems, which creep into the workplace. Employers of all sizes have come to realize that domestic violence is a problem that does not always stay at home. And when it comes to work, it not only affects the targeted employee but often the entire organization. However, there are solutions. Strong policies, employee training, and management planning can be the difference between minor interruptions and catastrophe. Here's what organizations can do to diminish the risk:

• Establish policies prohibiting workplace aggression and violence.
• Require employees who obtain restraining orders which include work areas to notify management.
• Train employees how to recognize the causes and consequences of domestic violence.
• Provide counseling and other assistance to employees in distress or have special needs.
• Interrupt the cycle of domestic violence and abuse by providing resources to employees in danger.
• Insist that workplace incidents are immediately reported and that local law enforcement be notified.

• Overcoming denial and resisting the temptation to blame themselves.
• Recognizing they deserve to be treated with respect and dignity regardless of the circumstances.
• Communicating concerns and sharing information with management.
• Literally putting distance between themselves and the other party.
• Requesting help early.

Try asking on a Thursday. That's when people feel most agreeable, according to a study by McGill University in Montreal. Researchers who tracked behaviors in people working 30 hours a week or more found that subjects became more accommodating as the week wore on. By Friday, though, the compliant spirit was over. Bosses note: productivity peaks Tuesday and employees are most quarrelsome on Wednesdays.

Source: Reader's Digest