We published an article with NYSBA Labor and Employment Law Journal, titled “Employee Threats to Critical Technologies Are Best Addressed Through a Formalized Insider Threat Risk Assessment Process and Program.” With the New York State Bar Association’s permission.
Monthly Archives: July 2018
Formal Insider Threat Risk Assessment Program Best Addresses Employee Threats to Critical Technologies
Work-related psychological injuries are becoming more and more prevalent in today’s workforce. It is estimated that poor psychological health and safety costs Australian organisations $6 billion per annum in lost productivity.1
In May 2018, the Federal Government announced that it will introduce amendments to the Competition and Consumer Act 2010 to create a consumer data right (CDR) for application in banking, energy and telecommunications industry sectors, emphasising the consumer choice and competitive benefits.
Effective July 26, 2018, Oklahomans will be able to legally use medicinal marijuana under state law. The change follows a June 26, 2018 ballot measure, State Question 788, approved by 56% of voters. Oklahoma’s new law, cheekily coded 63 Okla. Stat. § 420 et seq., expands the prior permissible use of cannabidiol (CBD) oil for limited purposes, now allowing licensed medicinal marijuana consumption. The ballot measure initially appeared in 2016, but was delayed for several years by a series of legal challenges concerning changes to its title, ultimately resolved by the Oklahoma Supreme Court in March 2017.
I am pleased to welcome six new solicitors, Piarias Neary, Heather Ronan, Orla Donovan, Ed Kelly, Kevin Hegarty and Caitlín Love. Investment in our people remains a key focus for us and we look forward to continuing to meet clients’ requirements through these strategic hires.
In our June 28, 2018 post on District of Columbia voters approving Initiative 77, which would incrementally increase the minimum cash wage for tipped workers to $15.00 per hour by July 1, 2025, and effectively eliminate the tip credit staring July 1, 2026, we noted the possibility of action by the D.C. Council to amend or overturn it. Consistent with the opposition to the initiative previously expressed by a majority of the Council, on July 9, 2018, a seven-member majority of the Council introduced a bill (Tipped Wage Workers Fairness Amendment Act of 2018) to repeal Initiative 77. As the Council is now on a two-month summer recess, no further formal action will occur until the fall. Furthermore, considerable publicly expressed opposition to repealing a voter-approved initiative may lead to a compromise that extends the phase-in period or otherwise modifies the terms of the initiative, rather than a complete repeal. Meanwhile, two federal Congressmen have sponsored a budget rider barring spending funds to implement the initiative, although such efforts often fail. In short, it appears the future effectiveness of the initiative will remain in doubt for some time.
After a lengthy gestation, the Victorian Parliament finally passed the Labour Hire Licensing Act on 20 June 2018. Victoria had the benefit of observing the earlier legislation passed by South Australia and Queensland and their implementation. The new legislation benefits from this perspective to provide clearer drafting, but the final result is to further complicate the situation by moving further away from synchronisation across the States.
UPDATE: Texas District Court issues preliminary injunction preventing CMS from recouping overpayments until an ALJ has heard and rendered a decision
In an update to our alert on June 8, 2018, “Texas District Court issues temporary injunction preventing CMS from recouping overpayments,” the U.S. District Court for the Northern District of Texas entered a preliminary injunction preventing CMS from recouping an alleged overpayment pending an Administrative Law Judge decision on the appeal of the alleged overpayment determination.