What the Board Should Be Asking About the Compliance Program
Common Scenarios Triggering False Claims Act Violations, Part 3: Claims and Investigations
False Claims Act Insights - The Art and Science of Corporate Compliance in Managing FCA Risk
An Ounce of Prevention: Keys to Understanding and Preventing AI and Cybersecurity Risks
Behavioral Health Compliance
The Justice Insiders Podcast: Using External Resources for Internal Investigations
Bank Investigations and Enforcement Actions: Lessons Learned — The Consumer Finance Podcast
The Justice Insiders Podcast: SEC Plays Chicken with Jarkesy
What Nonprofit Board Leadership Needs To Know About Internal Investigations
Compliance Series Part 3: Ensuring Compliance Programs are Effective
Compliance Programs Part 2: Designing a Successful Compliance Program
Compliance Programs Part 1: What is a Compliance Program and Why do Businesses Need One?
How to Combat Corporate Theft: Office Space - Hiring to Firing Podcast
All Things Investigations: Episode 28 - New French Anti-Corruption Investigative Guidance with Anne Gaustad and Bryan Sillaman
Investigative Power: Utilizing Self Service Solutions for Internal Investigations?
Internal Investigations and the Food, Beverage and Agribusiness Industry
CyberSide Chats: Cyber Law, Cybersecurity, and Whistleblowers. A Conversation with Ben Wright
Internal Investigations for Nonprofits: A Means of Identifying and Addressing Misconduct Before the Regulators Come Calling
Nuts and Bolts of a Repayment Investigation: Keys to Conducting Investigations Under the 60-Day Repayment Rule
Internal Investigations in the Asia-Pacific Region
A “supervisor,” for purposes of a Connecticut state hostile work environment claim, is an employee who is empowered by an employer to take tangible employment actions, the Connecticut Supreme Court recently held in O’Reggio...more
A recent Ninth Circuit decision clarifies employers’ obligations to address hostile work environment complaints arising out of employees' off-premises social media activity. In Okonowsky v. Garland (No. 23-55404; Jul. 25,...more
Employment lawsuits typically involve allegations of an employer’s wrongdoing – claims that the employer or its agents intended to and did mistreat, discriminate, or retaliate against employees. However, these “bad actor”...more
On April 29, 2024, in McBeath v. City of Indianapolis, the U.S. District Court for the Southern District of Indiana granted summary judgment in favor of the City of Indianapolis on a plaintiff’s claims for Family and Medical...more
A client recently asked The FAIR Center to staff a hearing panel on a complex set of allegations against a tenured faculty member. I chaired the panel along with two of the client’s panelists from their own internal pool, so...more
On May 13, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed summary judgment in favor of an employer, finding that a fired employee had failed to create a genuine dispute of material fact as to pretext. In Owens...more
In a recent opinion, the U.S. Court of Appeals for the Seventh Circuit reiterated the requirements that must be met for an employee to identify a similarly situated comparator for purposes of a Title VII claim. Gamble v. FCA...more
Under Title VII, an employer may be liable for sexual harassment by one co-worker of another if it knew or should have known of the conduct and took no action. According to a recent decision from the Eighth Circuit Court of...more
New EEOC Conciliation Process Promotes Even Playing Field for Employers - The U.S. Equal Employment Opportunity Commission (EEOC) has published a new proposed rule that would update the Commission’s conciliation process...more
Downs Rachlin Martin labor and employment attorneys Amy Resnick and Andrea Wright highlight key Vermont and Federal legislative updates from 2020 that impact HR professionals. They walk through: Vermont minimum wage...more
This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more
Welcome to the fourth quarter edition of SuperVision, the e-newsletter from Spilman Thomas & Battle's Labor & Employment Law Group. Just as we were going to press, the National Labor Relations Board ("NLRB") issued two...more
Oregon employers should be aware of the Oregon Supreme Court’s recent decision in McLaughlin v. Wilson, 365 Or 535, __ P3d __ (2019). In McLaughlin, the court was asked to decide the scope of ORS 659A.030(1)(f), which makes...more
The State of New York recently issued draft guidance for employers regarding the anti-sexual harassment legislation passed earlier this year....more
It’s not a joke. It’s really not. In fact, 81 percent of women and 43 percent of men have experienced some form of sexual harassment in their lifetime, according to a survey conducted by nonprofit organization Stop Street...more
The #metoo movement has many employers worried about protecting their employees from discrimination and harassment. Employers often ask what they should be doing to prevent discrimination in the workplace and how best to...more
The #MeToo movement started as a wave of press coverage exposing long-suppressed stories of sexual harassment and exploitation in Hollywood. That movement, however, has now gone far beyond Harvey Weinstein. ...more
Stories of high-profile individuals in politics, media, entertainment and hospitality alleged to have engaged in sexual harassment, or worse, have been breaking at an unprecedented rate. In the wake of these allegations,...more
The avalanche of complaints emboldened by the #metoo movement shows no sign of relenting, and many caught in its cross-hairs have been unceremoniously fired or forced to resign based on allegations of harassment. Of course,...more
Can an employer be held liable under Title VII when it fires an employee based on a good faith belief that she falsely accused another employee of sexual harassment — even if that belief may have been based upon a mistake of...more
School Meals Provider Will Pay $62,500 to Settle Retaliation Claims and Provide Training to Employees on Retaliation - PHOENIX - A Commerce, Calif.-based company that provides prepared meals to schools has agreed to...more
Company Fired Panama City Employee After He Reported Male Supervisor Sexually Harassed Him, Federal Agency Charged - BIRMINGHAM, Ala. - ABL Management, Inc., a Baton Rouge, La.-based food management company, will pay...more
Federal Agency Wins $70,000 for Worker Who Was Fired for Helping With Sexual Harassment Investigation - GULFPORT, Miss. - Rite Way Service, Inc., a former Alabama corporation that provided janitorial cleaning services to...more
Seyfarth Synopsis: Recently, the Second Circuit held that the “cat’s paw” theory of liability may be used to support recovery for claims of retaliation where an employer negligently relies on information provided by a...more
In Vasquez v. Empress Ambulance Service, Inc., No. 15-3239-cv (August 29, 2016), the Second Circuit Court of Appeals set new precedent when it held that an employer may be held liable for the retaliatory intent of a...more