Workplace Investigations

News & Analysis as of

Immigration Policy Choices Under the New Administration

Now that the election is over, focus turns to the U.S. immigration policy of President-elect Donald J. Trump’s administration over the next four years. Forecasts of this type are never easy with any new President; the task is...more

Seyfarth’s Analysis of the Short-Term Impact of the Election on Business and Employment-based Immigration

Seyfarth Synopsis: The Trump Administration will have the power to make significant changes to the business immigration landscape. Here is what we can expect. Immigration issues have become more important than ever for...more

Cal/OSHA Amends its Definition of “Repeat” Citation to Reconcile Differences from the Federal Program

Seyfarth Synopsis: Cal/OSHA has recently amended its definition of “repeat” for inspcetion citations to reconcile differences from the Federal OSHA program. The updated rules expand potential liability to California...more

[Webinar] 2016 Ethics & Compliance Virtual Conference - Harnessing the Business Value of an Ethical Culture - November 15th,...

Join professionals in ethics and compliance, human resources, legal, audit and training for the annual 2016 Ethics & Compliance Virtual Conference! Learn strategies to help you build a better governed, more risk-aware, and...more

Harassment Investigation Techniques

In a recent post, we talked about how digital technology can provide a platform for sexual harassment in the workplace. Today, we want to focus on the investigation of complaints of sexual harassment, including a review of...more

Ripped From the Headlines, Part II: Three Investigation Lessons to Learn from Recent Scandals

Many articles on workplace investigations offer tips on the nuts and bolts of the process and step-by-step guides on conducting a fair and thorough investigation. But the “how to” is the floor, not the ceiling, of what...more

What did Ryan Lochte do? 8 tips for waterproof investigations

Despite the conclusion of the 2016 Summer Olympics, Ryan Lochte is still “under water” with questions still looming after Rio police reports that the American gold-medal Olympian fabricated a story about being robbed at...more

[Webinar] Post-OSHA Citation: Contest Process, Settlement Goals and Strategy - September 7th, 1:00pm EDT

You just received a set of OSHA citations in the mail. What now? Should we accept the citations and pay the penalty? Should we participate in an Informal Settlement Conference with the OSHA Area Office? Should we contest...more

Fired for Taking the Fifth: Famous Firings in History

The Department of Justice’s recent Yates Memo creates a new emphasis on individual accountability for corporate or entity wrongdoing. It also enhances the risk to corporate employees that they will need to choose between...more

OSHA overreach on workplace drug testing

Responsible employers routinely test employees for the use of illegal drugs. Testing promotes safety, controls workers’ compensation costs and promotes compliance with federal regulations. Oklahoma law gives employers the...more

OSHA prohibition on post-accident testing requires immediate action by employers

One of the most common matters that we assist our clients in understanding is the set of legal parameters under which an employer can conduct employee drug and alcohol testing. For a variety of reasons, we encourage employers...more

[Webinar] Key Cal/OSHA Issues that California Employers Must Understand - July 21st, 4:00 pm EDT

The state of California’s Division of Occupational Safety and Health (DOSH), better known as Cal/OSHA, is perhaps the most aggressive and enforcement heavy approved state OSH program. Cal/OSHA faces many fewer bureaucratic...more

Foliage, Frost, Frozen Ponds And The FOIA (Part Two): Can You See My Notes (And Calendar)?

For those who still cannot get enough after my latest post on the Freedom of Information Act [“FOIA”], here are more nuggets from the Freedom of Information Commission [“FOIC”]. Today, we focus on written notes and calendar...more

A Call For Harmony Between The EEOC And NLRB’s Rules Concerning Prevention And Investigation Of Workplace Harassment

Seyfarth Synopsis: The EEOC’s Select Task Force on the Study of Harassment in the Workplace offers insight into how employers’ harassment prevention policies can change for the better and, in furtherance of this desire for...more

Top Five Best Practices for Workplace Investigations

A well-conducted investigation can reduce workplace conflict, promote job satisfaction and inclusion, and can also help shield you from legal liability. However, the converse is also true — a botched investigation can have...more

Five Ways to Survive a Department of Labor (“DOL”) Health and Welfare Plan Investigation

DOL health and welfare plan investigations are on the rise. There are best practices for plans chosen for investigation: 1. Get Employee Benefits Counsel Involved Early. The DOL investigation process generally...more

Federal Court Allows the EEOC to Conduct Investigation on Employer’s Premises Without Employer Consent or a Warrant

Many employers are familiar with the fact that the EEOC regularly conducts on-site workplace investigations after receiving charges of discrimination or harassment. A recent federal court decision, however, may lead to an...more

Ripped From the Headlines: Three Investigation Lessons to Learn From a Political Controversy

Another day, another political scandal involving a politician accused of having had an extramarital affair. The latest such story concerns an alleged inappropriate relationship that the governor of Alabama had with a top...more

Knock-Knock, Who’s There? The EEOC: When the EEOC Can Investigate an Employer’s Premises Without Prior Consent

When the EEOC investigates a charge of discrimination, it may employ one of several investigatory methods, including site inspections. In EEOC v. Nucor Steel Gallatin, Inc., a case of national first impression, a Kentucky...more

The Supreme Court of Canada grants leave to appeal in drug and alcohol policy matter

Once again, the issue of drug and alcohol testing and policies will be subject to appeal; but this time before the Supreme Court of Canada, as it recently granted leave to appeal in Stewart v. Elk Valley Coal Corporation et...more

EEOC Implements New, Nationwide Procedures for Position Statements

The Equal Employment Opportunity Commission (“the EEOC”) has implemented new procedures for employer position statements that apply to all EEOC requests for position statements made on or after January 1, 2016. Most...more

Expect More Comprehensive OSHA Inspections Under a New “Enforcement Weighting System”

Over the course of the next year, employers can expect to see longer, more comprehensive OSHA inspections that focus on complex safety and health hazards. This change is associated with OSHA’s new enforcement protocol it...more

Why Shouldn’t Supervisors Investigate Workplace Harassment? They’re Too Normal.

I have recommended on this blog and in harassment training that “operations” people (in other words, people who aren’t in Human Resources or lawyers) avoid the temptation to investigate workplace harassment complaints on...more

Avoid These Three Investigation Traps!

Conducting workplace investigations is not easy. The process is filled with land mines that can trip up even the most experienced investigator. Although there are many mistakes I’ve seen investigators make, these are the...more

OSHA Issues New Whistleblower Investigations Manual

Following through on its April 2015 “clarification” of the investigative standard in whistleblower matters, OSHA issued a new whistleblower investigations manual overnight restating the mission of its...more

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