News & Analysis as of

Complaint Procedures

Is Your Investigator More Biased Than You Think? Part II: How to Keep Truthiness Out of Your Workplace Investigations

All companies should have mechanisms through which employees can voice concerns and feel confident that (a) those concerns will be taken seriously, (b) those concerns will be fairly and promptly investigated, and (c)...more

Office for Civil Rights Issues New Instructions on Transgender Student Complaints

by Holland & Knight LLP on

Changing course on complaints involving transgender students, the U.S. Department of Education's Office for Civil Rights (OCR) recently issued new field instructions to its regional staff excluding discrimination claims based...more

Don’t Forget To Calendar Your Deadlines – Especially The Statutory Ones!

by Farrell Fritz, P.C. on

If you commence an action by way of summons with notice, you must bear in mind the strict time limitations imposed by CPLR 3012(b). When the other party timely serves a written demand for a complaint, you have exactly twenty...more

CFPB details complaint process at Comply2017 Conference

by Ballard Spahr LLP on

At the Comply2017 conference held earlier this week in New York City, Scott Steckel, a member of the CFPB’s Office of Consumer Response, gave a presentation in which he detailed the CFPB’s complaint process and how the CFPB...more

Office for Civil Rights Changes Complaint Investigation Policy

by Holland & Knight LLP on

Reversing the practice under the Obama Administration, the U.S. Department of Education's Office for Civil Rights (OCR) has just issued new internal guidance changing how regional OCR offices will investigate discrimination...more

OCR Changes Investigation Protocols for Civil Rights Complaints

by Franczek Radelet P.C. on

Candice Jackson, the U.S. Department of Education’s Office for Civil Rights’ Acting Assistant Secretary for Civil Rights, recently provided a “new internal guidance” memorandum to staff that significantly changes the Office...more

EEOC Pulls the Hood Off of Employer’s Attempt to Retaliate against Its Employee

Can an employer force an employee to agree that his complaints have been adequately addressed? On April 26, the EEOC announced that Downhole Technology LLC will pay a former employee $120,000 and provide other relief after it...more

Employer liable for off-duty murder?

by McAfee & Taft on

Companies often assume they are not responsible for interactions between employees that happen off-site after hours and that are unrelated to their jobs. However, if a supervisor and a subordinate are involved and the...more

Campus Counsel | Monthly Roundup Of Legal Issues In Higher Education: March 2017 Edition Summaries: Ineffective Remedial Measures...

by Bowditch & Dewey on

Institutions are shielded from liability under Title IX when they take timely and reasonable measures in response to claims of sexual harassment. However, institutions can be held liable for subsequent conduct if they fail to...more

CAS Legal Mailbag Question of the Week – April, 2017

by Shipman & Goodwin LLP on

Dear Legal Mailbag: Recently, a parent stopped by my office unannounced to complain that one of my teachers was rude to her darling little son. This is not the first time that she has leveled an accusation against one...more

EEOC Launches New Five-City Trial For Online Employee Inquiries

by Fisher Phillips on

The Equal Employment Opportunity Commission (EEOC) has just added a fourth option for employees to initiate charges against their employers – an online portal. On March 13, 2017, the agency announced the Online Inquiry and...more

For the First Time Since 2011 Case Closure Time for Employee Hotline Reports Is Down

by NAVEX Global on

Case closure times on employee hotline reports improved last year—one of the most promising findings in NAVEX Global’s 2017 Hotline Benchmark Report. The four-day drop in median closure time indicated in the 2016 report halts...more

Web Exclusive: Preparing For Increased OSHA Enforcement In The Hospitality Industry

by Fisher Phillips on

The hospitality industry is both a major employer and economic driver in the United States. Yet, historically, the Occupational Safety and Health Administration (OSHA) has been less than hospitable to the multi-billion dollar...more

Michigan Department of Insurance and Financial Services Announces New Online Complaint Form

by Ballard Spahr LLP on

The Michigan Department of Insurance and Financial Services (DIFS) has announced the launch of a finalized version of its online portal to assist Michigan consumers with the filing of electronic complaints. DIFS' Office of...more

December 2016 Independent Contractor Misclassification and Compliance News Update

by Pepper Hamilton LLP on

In our update for last month’s developments in this area of the law, we report on five significant court cases involving companies in the transportation industry that use ICs as an integral part of their business model. Each...more

General Assembly Committee Releases Report Critical of CHRO Complaint Processing

by Shipman & Goodwin LLP on

Last week, the Legislative Program Review and Investigations Committee released a 129-page report on the Commission on Human Rights and Opportunities, with a focus on Discrimination Complaint Processing. ...more

USPTO's New Trademark Trial and Appeal Board Rules Take Effect Soon

Next month, the procedural rules governing trademark registration disputes are changing. They present new strategic considerations for brand owners protecting their trademark rights. The Trademark Trial and Appeal Board...more

[Webinar] MSHA Hazard Complaints and Whistleblower Protections: Working Through Complaint Investigation - Dec. 15th, 1:00pm EST

by Conn Maciel Carey LLP on

Regular MSHA inspections (aka E01 inspections) are commonplace for mines – an average of two to four inspections per year for surface and underground operations respectively. Yet, MSHA has in its arsenal a host of other...more

When Managing Whistleblower and Retaliation Risk, Tools are Important – Processes and People are Critical

by NAVEX Global on

One collection of terms I hear a lot is “tools, processes and people.” All three need to be successfully deployed to make a compliance program run properly while also creating an organizational culture that supports...more

Website Sorts Worker Complaints

by Sherman & Howard L.L.C. on

The administration is beta-testing a new on-line tool at http://worker.gov. The site lets the user select on a job title (from a slowly expanding list) and then click to a menu of various violations of labor and employment...more

OSHA Issues New Whistleblower Guidelines

by Barley Snyder on

The Occupational Safety and Health Administration (OSHA) has issued a final rule on the procedures, processes, and timeframes for handling whistleblower complaints under the Affordable Care Act (ACA), as well as for hearings...more

Does An Emailed Copy of a Complaint Start the 30-Day Removal Clock?

In today’s litigation practice, a defendant often receives a copy of a filed complaint before it is formally served with the pleading. Sometimes, plaintiff’s counsel emails a copy to the defendant’s counsel after filing. If...more

Watch Out for the Cat’s Paw - Employers May Be Accountable for Low-Level Employee Actions

by Foley & Lardner LLP on

In the world of employment law, there is something called the “Cat’s Paw” theory of liability. The name comes from a fable dating back to the 17th century in which a clever monkey persuades a naïve cat to pull roasting...more

Don’t argue; the client is always right even when they are not

by Fox Rothschild LLP on

Over the years that I have defended broker-dealers and investment advisors on customer-initiated claims, I have seen many things that would make any compliance officer cringe. One spine tingling (not in the good way) type of...more

Poor Policy Publication Revives Sexual Harassment Suit in the Fifth Circuit

Maintaining a company anti-harassment policy on a bulletin board and website is not enough to avoid liability for sexual discrimination according to a recent decision. On July 20, 2016, the Fifth Circuit Court of Appeals...more

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