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Miranda Zolot on the Distributed Workforce

As companies across the globe look to expand their workforce, many are turning to a distributed remote work model. This model has become even more popular due to the pandemic, and many companies are now more comfortable with remote work. But with this shift to a distributed workforce comes new challenges, such as how to convey culture and expectations to a worker across the globe.

Tom Fox and Miranda Zolot of Oyster, an EOR company, recently discussed this issue. Tom, an employment lawyer, and Oyster’s first employee, believes that culture is key to worker engagement and worker engagement is key to efficiency and effectiveness. He suggests that companies should be purposeful about creating a culture in a distributed environment, and Oyster has a culture of radical transparency, encouraging employees to ask hard questions publicly of the leadership. Oyster is mission-driven, with people joining the company to be part of the change, and the company works with customers to help them share information internally and add social activities and affinity groups into their work environments.

Oyster is a platform that helps customers hire talent from around the world. Customers go through their normal process for hiring and then log onto the Oyster platform to put the information for the individual in the platform and press Go. Oyster provides a contract for the individual to sign, gets them signed up for benefits, and automates the process in the bulk of countries where they operate. The company also offers HR consulting to help customers understand what they’re looking for and suggest where they might look for that talent. Oyster’s website provides information on labor laws, salary ranges, and leaves required in different countries. In the US, employers have to deal with about 60 to 70 jurisdictions, while in the international arena, things are different with worker’s protections, works councils, guaranteed bonuses, and benefits.

Zolot, an employment lawyer who has worked in law firms and in-house for clients from the hospitality industry, steel manufacturers, potato chip manufacturers, and retail, as noted, is the General Counsel. She and Tom translate complex employment laws into a common language. Oyster’s mission is to bring meaningful work to people in different geographies, and the website offers resources for people looking for remote work and companies looking to hire remotely. Oyster Academy offers remote best practices and helps people present themselves to the market as ready for remote work, and the company also offers a misclassification analyzer, salary information, country guides, and open policies and handbooks. Oyster’s website and LinkedIn page have resources and information about remote work.

Cross-border hiring is becoming more popular due to market forces. Companies are looking for ways to hire workers at a lower cost than in the US or UK, and workers are excited to work for a higher salary than they would make in their local market. With Oyster, companies can navigate country labor laws by providing information on law changes and benefits. This helps companies save money while still finding quality talent.

In conclusion, the current distributed model of remote work is becoming more popular, and companies need to be aware of the challenges that come with it. Tom and Miranda believe that culture is key to worker engagement, and companies should be purposeful about creating a culture in a distributed environment. Oyster offers resources to people looking for remote work and companies looking to hire remotely, and the company helps customers navigate country labor laws by providing information on law changes and benefits. With the help of Oyster, companies can find the right workers for their particular job in a compliant and cost-effective way.

For the compliance professional, the critical element will be conveying your corporate culture to those who may live and work in countries outside your home base of operations. Moreover, you must both write policies and procedures for such employees and then train and monitor their compliance with those said policies and procedures. The distributed workforce is here to stay. Are you ready now for it? If not, how, when, and where will you get ready? The clock is ticking.

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Adventures in Compliance

Adventures in Compliance – Lessons from A Case of Identity

Welcome to a review of all the Sherlock Holmes stories which are collected in the work, “The Adventures of Sherlock Holmes.” They appeared in the Strand Magazine from July 1891 to June 1892. Over the 12 episodes, I will be reviewing each story and mine them for leadership, compliance, and ethical lessons. “A Case of Identity” was published in the Strand Magazine in August 1891 and is the third story in the collection of “The Adventures of Sherlock Holmes”.

Summary

In this case, Mary Sutherland, a typist, approaches Holmes for help after her fiancé, Mr. Hosmer Angel, mysteriously disappears on the day they were to be married. Holmes agrees to take the case. Sutherland gives Holmes a few letters written by Angel, and Holmes quickly observes that they were written on a typewriter, odd for a personal letter. Also, the writing style was similar to the letters of her stepfather, James Windibank.

As Holmes investigates, he deduces that Hosmer Angel does not exist and is, in fact, an alternate identity created by Mary’s stepfather, James Windibank. The motive for this strange charade was financial. Mary’s stepfather didn’t want to lose the income he gained from her, as her late mother left her a significant annual income which would be redirected upon her marriage.

The stepfather, who was young enough to pass as a man of Mary’s age, concocted the alternate identity to court Mary and then conveniently disappear to maintain control over Mary’s income. Holmes, however, decides not to reveal the truth to Mary to save her from further heartbreak. He suggests that Angel was a scoundrel who did not deserve her, leaving her to hope that Angel might return one day.

Compliance Lessons

1.         Empathy: Holmes was able to solve the case of identity by putting himself in the shoes of the victim and understanding her perspective. Leaders should also have empathy and be able to understand the perspectives of their colleagues, employees, or customers.

2.         Observation: Holmes used his powers of observation to gather information and uncover the truth behind the case of identity. Leaders should also be observant and pay attention to the details, as they can provide valuable insights.

3.         Problem-solving skills: Holmes used his problem-solving skills to solve the case and bring justice to the victim. Leaders should also be effective problem-solvers and should be able to find creative solutions to challenges.

4.         Communication skills: Holmes communicated effectively with the victim and the other characters in the story, and he was able to get the information he needed to solve the case. Leaders should also have strong communication skills, as they are crucial for building relationships and achieving success.

5.         Respect for the law: Throughout the story, Holmes showed respect for the law and acted within the bounds of the legal system. Leaders should also respect the law and act ethically, as they set an example for others and maintain the integrity of their organization.

Resources

The New Annotated Sherlock Holmes

Connect with Tom 

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FCPA Compliance Report

FCPA Compliance Report: Miranda Zolot – Remote Work Revolution, the Distributed Workforce

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance.  Tom welcomes Miranda Zolot, General Counsel at Oyster HR in this episode. They discussed the distributed workforce and how Oyster can help businesses find the talent they need compliant and cost-effectively.

Beginning with the captivating detail that Oyster is a fully distributed company with no offices and almost 600 internal employees who all work from home or their personal co-working spaces, they discussed the concept of a distributed workforce and how businesses find the talent they need in a compliant and cost-effective way. Their discussion included the challenges of managing an outsourced workforce and the current model of distributed workforces that allows companies to find the right workers for their particular job.

Oyster’s mission is to bring meaningful work to people in different geographies, and the website offers resources for both people looking for remote work and companies looking to hire remotely. Oyster Academy offers remote best practices and helps people present themselves to the market as ready for remote work, and the company also offers a misclassification analyzer, salary information, country guides, and open policies and handbooks. Finally, Tom and Miranda discussed how to counsel a company on how to convey culture and expectations to a worker who may be across the globe. 

Key Highlights

·      Remote Work Solutions

·      Cross-Border Hiring

·      Distributed Workforce

·      Creating a Distributed Culture

·      Hiring Internationally

Resources

Miranda Zolot on LinkedIn

Oyster HR

Tom Fox

Instagram

Facebook

YouTube

Twitter

LinkedIn

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Daily Compliance News

Daily Compliance News: July 17, 2023 – The Spamming Your Friends Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance brings to you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee, and listen in to the Daily Compliance News. All, from the Compliance Podcast Network. Each day we consider four stories from the business world, compliance, ethics, risk management, leadership, or general interest for the compliance professional.

  • Head of CFTC whistleblower office to step down. (WSJ)
  • Can your boss force you to spam your friends? (NYT)
  • Trade sanctions as protectionism. (FT)
  • Altice founder arrested in Portugal for corruption. (Reuters)
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31 Days to More Effective Compliance Programs

One Month to Better Reporting and Investigations – Preparing for the Investigation

Under Part 1, Section D. Confidential Reporting Structure and Investigation Process stated in part, Properly Scoped Investigation by Qualified Personnel –What steps does the company take to ensure investigations are independent, objective, appropriately conducted, and properly documented? How does the company determine who should conduct research, and who makes that determination? These questions were presaged by the DOJ’s 2015 Yates Memo and the 2016 FCPA Pilot Program. The pressure on every CCO and company to get an investigation done quickly, efficiently and, most importantly, right is even greater now.
Jonathan Marks began by cautioning that when considering any well-run internal investigation, a CCO must be cognizant of the strictures laid out in the Evaluation. It all begins with who in-house is looking at the complaint and does the CCO, compliance practitioner, or legal team have the skills and capabilities to handle the matter which has arisen. Obviously, if there are esoteric accounting issues or significant internal control workarounds and overrides, a CCO may not have the skills to really understand all the issues. Similarly, if the matter is a global FCPA or equivalent bribery and corruption matter, Marks related, these “come in different flavors, and because they come in different flavors you may not have the skills or capabilities to do an investigation that would take place in say Brazil or Russia or China or India.”

Three key takeaways:

  1. Always remember your ultimate audience may be the government.
  2. You must understand both the business environment and extended business enterprise.
  3. Communication and collaboration in any investigation are critical so you should begin early and continue to do so throughout the investigation.
Categories
Corruption, Crime and Compliance

NAVEX’s 2023 State of Risk and Compliance Programs

Dare we imagine a world where companies are driven by their compliance obligations as much as they are by their financial performance? In a progressively interconnected and fast-paced digital world, compliance matters more than ever. Non-compliance can swiftly result in reputational damage, punitive fines, and compromised stakeholder trust. As such, more organizations are beginning to embrace the importance of having mature, robust compliance programs. This episode of Corruption, Crime, and Compliance with Michael Volkov dives into NAVEX’s 2023 State of Risk and Compliance report. The report delivers a comprehensive overview of the global compliance landscape and sheds light on critical trends that are reshaping the field. 

You’ll hear him discuss:

  • We’ve seen a substantial increase in organizations with mature compliance programs – 53% in 2023, compared to 38% in 2022. This is a testament to organizations worldwide waking up to the importance of compliance in their everyday operations.
  • The power of leadership: robust leadership support is crucial when it comes to fostering a thriving compliance program. Strong board and executive-level engagement have proven instrumental in driving these changes.
  • As the world becomes more digitized, cybersecurity threats have increased exponentially. Consequently, cybersecurity has skyrocketed to the top of compliance concerns, indicating how cyber threats and breaches have a far-reaching impact on organizations.
  • Compliance and information security professionals are coming together like never before. This internal partnership proves crucial in managing cybersecurity risks and ensuring the safety of organizational data.
  • The NAVEX report identified five high-stake risks that organizations should keep on their radar: cybersecurity, regulatory compliance, harassment and discrimination, anti-bribery and corruption, and diversity, equity, and inclusion. Addressing these will require diligence and strategic planning.
  • There has been a decline in middle management’s commitment to compliance compared to 2022. This dip stresses the need for targeted interventions to maintain the integrity of the compliance culture.
  • From HR to IT, effective compliance necessitates collaboration across all levels and departments.
  • With growing compliance demands, organizations are realizing the importance of purpose-built solutions. These platforms help manage third-party risks, and policy management, and provide ethics and compliance training, making them indispensable in the modern compliance toolkit.

 

KEY QUOTES:

“So 53% stated that their organization had a mature compliance program and risk management program and that was compared to only 38% in 2022. Now that to me is a really welcome sign.” – Michael Volkov

 

“I think perhaps the most significant finding in this area to me was that in recognition of the rising threat level from cybersecurity attacks, ransomware, data privacy ethics and compliance professionals are forging new and lasting internal partnerships with information security professionals.” – Michael Volkov

 

“Three-quarters of respondents reported that senior leaders encourage compliance in the organization, and nearly as many report that senior leaders demonstrate their commitment to compliance to employees. So it’s not just words, but it’s words and actions. However, there was one troubling concern, and that was with respect to middle management. …So NAVEX reported a lower commitment compared to the 2022 report with regard to middle management commitment to compliance.” – Michael Volkov

 

Resources

Michael Volkov on LinkedIn | Twitter

The Volkov Law Group

NAVEX State of Risk and Compliance Report