Legislative Updates

Legislative Update

ASIS Western NJ

Legislative Committee

January 9, 2008 Update

Submitted by Chairman John O'Rourke - CPP


Coworkers can be held liable for injuries resulting from unprofessional behavior such as "Horseplay."
In a Delaware Supreme Court case, the court ruled that an employee can purse a negligence claim against a coworker after an incident of horseplay. The court ruled that if the employee was acting outside the scope of his/her employment during the incident, the injured party is entitled to sue for damages.
http://caselaw.lp.findlaw.com/data2/delawarestatecases/65-2007.pdf

New Jersey’s Private Detective Act:
http://njsp.org/about/pdet_act.html

NJ’s Private Detective Rules and Regulations
http://njsp.org/about/pdet_rules.html

New Jersey’s Security Officer Registration Act (SORA)
http://njsp.org/about/pdf/060106_sora.pdf

New Jersey Criminal History Records Checks: (NJ Administrative Code (N.J.A.C) 13:59-1 et seq)
http://njsp.org/about/serv_chrc.html#background

FindLaw’s Injury and Tort Law Section.
Class action alerts, recall news, case summaries, documents, briefs etc.
http://www.findlaw.com/01topics/22tort/publications.html

New Link on ASIS Site
Legislative Action Center has been added to the ASIS Web site. It can be located in the Public Affairs section at www.asisonline.org called “VoteForSecurity.com. Security Management magazine reports that this “is an innovative and exciting step forward in the Society's ability to report to members on legislation and to provide information on issues and politics.”

Civil Suit Arises From Too Much Information On Credit Card Receipt.
Suit initiated because of too much information contained on a credit card receipt.
Summary contained in the Courier-Journal
http://www.courier-journal.com
http://www.courier-journal.com/apps/pbcs.dll/article?AID=/20070724/BUSINESS%20%20/707240380/1003

Legislative Action in California to Prohibit Pretexting
ASIS investigative members have requested the American Society of Industrial Security to put forth an official position on “pretexting.” This requests came forward because of legislation being considered in California which would outlaw “pretexting.”

“Pretexting is defined by the Federal Trade Commission as the practice of obtaining personal information under false pretenses, and also is defined in broader terms as using impersonation to trick someone into revealing personal information.”

ASIS has officially taken a position on Pretexting. “After considerable study and discussion, a position was developed stating that ASIS supports the important work done by private investigators and urges the California legislators to work closely with members of the private investigations community before passing a law totally prohibiting the use of pretext in investigations.”

Background Checks
CSO Research report on background checks and the level of participation involved in the process along with a survey on background checks.
http://www.csoonline.com/csoresearch/report96.html

False Imprisonment
A jury awarded a women arrested for taking a 5 cent token out of a slot machine, over $800,000 in Punitive Damages.
Summary Of Case: http://www.law.com/jsp/article.jsp?id=1058416478876

Court Decision:
http://www.securitymanagement.com/library/romanski_detroit0207.pdf

Hiring Flexibility for Federal civilian employees that are hired during a Pandemic Health Crisis:

Federal Law provides flexibility in hiring employees to quickly staff positions during pandemic health crisis.

US Office of Personnel Management https://www.opm.gov/pandemic/agency3d-hiring.pdf

Religious Discrimination
A companies decision not to hire a person because due to his religious responsibilities he couldn’t work on Saturdays, was found to be not discriminatory.
Court Decision: http://www.securitymanagement.com/library/aron_quest0207.pdf