News & Analysis as of

Subpoenas Employer Liability Issues

Bradley Arant Boult Cummings LLP

What to Do When You Get an EEOC Subpoena

The EEOC has some new laws in its arsenal (i.e., the Pregnant Workers Fairness Act, the PUMP Act) and is likely to release new guidance on harassment. Keeping that in mind, we anticipate investigators will be interested in...more

Parker Poe Adams & Bernstein LLP

Business Owner Who Failed to Turn Over Pay Records Ordered to Prison

Last week, a federal judge in Michigan ordered the U.S. Marshals Service to arrest and imprison a home healthcare agency owner who repeatedly defied a U.S. Department of Labor demand that she provide pay records as part of a...more

Dentons

Subpoenas – When to Push Back

Dentons on

A subpoena isn’t a magic wand that immediately requires a business to provide all documentation to the party requesting it. What if it’s requesting trade secrets? Confidential patient information? Should you ignore it?...more

Seyfarth Shaw LLP

Who Let the Docs Out? OSHA Intends to Expand Subpoena Practices

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Biden Administration’s Fall 2022 Regulatory Agenda for DOL indicates the Agency’s intent to revise and expand its use of administrative subpoenas through an “interim final rule.” OSHA claims the purpose...more

Oberheiden P.C.

ICE Investigations: What Employers Need to Know in 2024

Oberheiden P.C. on

U.S. Immigration and Customs Enforcement (ICE) together with the Department of Homeland Security (DHS) aggressively execute its mission “to protect America from the cross-border crime and illegal immigration that threaten...more

Proskauer - Labor Relations Update

Google’s Union Campaign Strategy Documents Not Privileged, NLRB Administrative Law Judge

Google recently suffered a blow in its ongoing National Labor Relations Board litigation, when an Administrative Law Judge appointed to rule on a discovery dispute ordered the Silicon Valley company to turn over the lion’s...more

Fisher Phillips

California Raises the Stakes for Workplace Safety Compliance with New Penalties

Fisher Phillips on

Governor Newsom just signed into law a bill that could have significant ramification for California employers by extending Cal/OSHA’s scope of enforcement and creating additional penalties for employers. In particular, SB 606...more

Littler

Annual Report On EEOC Developments - Fiscal Year 2020

Littler on

IMPORTANT NOTICE This publication is not a do-it-yourself guide to resolving employment disputes or handling employment litigation. Nonetheless, employers involved in ongoing disputes and litigation will find the information...more

Williams Mullen

PODCAST: Williams Mullen's Benefits Companion - Government Investigative Demands

Williams Mullen on

On the latest episode of Williams Mullen's Benefits Companion, Brydon DeWitt is joined by colleague Chuck James, partner and co-chair of Williams Mullen’s White Collar Litigation Practice, who will discuss what you need to...more

Mintz - Employment Viewpoints

Starting July 1, Virginia Employers Will be Required to Produce Certain Employment Records to Employees Upon Request

What the New Law Requires - Virginia has long been one of the states not requiring employers to provide employees access to their personnel records. That is about to change. Beginning July 1, 2019, employers in Virginia...more

Littler

No Subpoena, No Protection?: Indiana Court of Appeals Approves Dismissal of Employee Who Left Work to Voluntarily Testify at...

Littler on

It is well settled that Indiana is an employment-at-will state, meaning an employer or employee may terminate the employment relationship for any lawful reason. The Indiana Supreme Court, however, recognizes a limited number...more

Husch Blackwell LLP

NLRB Authorizes Reduction In Use Of Investigative Subpoenas To Expedite Investigations

Husch Blackwell LLP on

Memorandum 19-05, issued by the NLRB Division of Operations Management of the Office of the General Counsel in March 2019, gives Regional Directors a new tool to expedite cases when a charged party fails to cooperate with an...more

Jackson Lewis P.C.

NLRB General Counsel Seeks To Limit Use Of Investigative Subpoenas In Unfair Labor Practice Investigations

Jackson Lewis P.C. on

The National Labor Relations Board’s Office of General Counsel is urging Regional Directors to limit their use of investigative subpoenas and instead issue complaints “based on the evidence available,” according to a March...more

K&L Gates LLP

K&L Gates Triage: When the Feds Come Knocking on Your Door

K&L Gates LLP on

In this episode, Michael McKay and Carla DewBerry discuss the practical implications of responding to an investigative inquiry by governmental officials. In particular, entities that find themselves as the subject of a...more

Littler

Annual Report on EEOC Developments – Fiscal Year 2018

Littler on

This Annual Report on EEOC Developments—Fiscal Year 2018 (hereafter “Report”), our eighth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does...more

Seyfarth Shaw LLP

Thinking About E-Verify? Verify With The Union First!

Seyfarth Shaw LLP on

Seyfarth Synopsis: The E-Verify program has become a controversial topic in the political arena and throughout workplaces nationwide.  Last month, the NLRB held, amongst other things, that an employer violated the NLRA by...more

Holland & Knight LLP

Food and Beverage Law Update: September 2018

Holland & Knight LLP on

Labor and Employment - Jimmy John's Avoids Joint-Employer Finding in Worker Overtime Litigation - In In re: Jimmy John's Overtime Litigation, 2018 WL 3231273 (N.D. Ill. June 14, 2018), a federal district court ruled that...more

Proskauer - California Employment Law

Some California “Sanctuary State” Employer Obligations Are Struck Down

On July 4th, U.S. District Judge John A. Mendez issued an order enjoining California from enforcing parts of the California Immigration Workers Protection Act (Assembly Bill 450), a new state law that restricted private...more

PilieroMazza PLLC

Legal Advisor Newsletter - Second Quarter 2018

PilieroMazza PLLC on

The Mandatory Disclosure Rule: Mitigating Risk When the Requirement for Disclosure Is Not Clear - Most federal contractors are aware that the mandatory disclosure rule requires that contractors timely disclose “credible...more

Proskauer - California Employment Law

Federal Government Challenges California’s “Sanctuary State” Status

Yesterday, the United States of America filed a lawsuit in federal court in Sacramento, naming California Governor Jerry Brown and Attorney General Xavier Becerra as defendants, and claiming that California’s proclaimed...more

Fisher Phillips

DLSE Publishes Voluntary Template for Required Employer AB 450 Notice

Fisher Phillips on

Last year Governor Jerry Brown signed Assembly Bill 450 – the “Immigrant Worker Protection Act” – to prohibit employers from voluntarily consenting to federal immigration agency access to worksites without a judicial warrant,...more

Fisher Phillips

The ICEman Cometh? Recent War of Words Puts California Employers in the Crosshairs of National Immigration Debate

Fisher Phillips on

Immigration has been a major flashpoint between California and the Trump Administration during the past year. In 2017, the California Legislature passed significant legislation impacting how California employers deal with...more

Fisher Phillips

New Year Brings Major Changes To California Employers’ Immigration Practices - FAQs Regarding California AB450 – The Immigrant...

Fisher Phillips on

Soon after ringing in the New Year, California employers will need to spend the beginning of 2018 coming to grips with a significant new law that will require an immediate adjustment to immigration-related business practices....more

Sheppard Mullin Richter & Hampton LLP

A Solution in Search of a Problem: The California Legislature Imposes Duties for Employers When ICE Audits Your I-9s

California Assembly Bill (AB 450) is a bold move by the State Legislature to enter the I-9 arena – an area that has long been recognized as within the domain of the federal government. The Bill was signed by Governor Jerry...more

Fisher Phillips

New California Law Imposes Obligations on Employers During Immigration Worksite Enforcement

Fisher Phillips on

On October 5, Governor Brown signed AB 450, which will go into effect on January 1, 2018. Among other things, AB 450 prohibits employers from voluntary consenting to ICE access to the worksite without a judicial warrant,...more

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