Hunton Employment & Labor Perspectives

In-House Employment Counsel and Human Resources Executives may soon find themselves called on to provide input into their company’s SEC filings.  The SEC recently issued a new rule that requires a more comprehensive description of a public company’s human capital resources, if material, in the Company’s 10-K filing. These disclosures are likely to include statements about diversity and inclusion, compensation, hiring and other employment metrics that have traditionally been within the province of Employment Legal and Human Resources.

On March 1, 2016, the Securities and Exchange Commission (“SEC”) settled administrative charges against a popular telecommunications equipment supplier, Qualcomm Incorporated, under the Foreign Corrupt Practices Act (“FCPA”). According to the SEC, in addition to unlawfully providing meals, gifts and entertainment to foreign officials in an effort to win new business, Qualcomm also offered full-time employment and paid internships to family members and friends of foreign government officials in an effort to curry favor. In some cases, it appears these friends and family members would not have otherwise qualified for employment at Qualcomm and special accommodations were made to hire them. To settle the case, Qualcomm agreed to cease and desist from future violations, paid a $7.5 million civil monetary penalty and agreed to other heightened compliance measures.

On April 1, 2015, the US Securities and Exchange Commission brought its first enforcement action against a company for asking employees to agree to confidentiality terms during internal investigations.

Continue Reading