News & Analysis as of

Workplace Investigations

Cal/OSHA Proposes Hotel Housekeeping Injury Rule

by Fisher Phillips on

After several years of discussion and debate, the Cal/OSHA Standards Board (Board) recently issued a proposed standard on “Hotel Housekeeping Musculoskeletal Injury Prevention.” The proposal currently is open for public...more

NLRB Restrictions on Employer Requests of Confidentiality in Workplace Investigations Remain After D.C. Circuit Decision

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Court of Appeals for the D.C. Circuit affirmed in part and rejected in part the National Labor Relations Board’s Banner Estrella decision regarding an employer’s requirement of confidentiality during...more

California Bill Puts Employers Smack in the Middle of National Immigration Debate

by Fisher Phillips on

Since the election of President Trump, the California Legislature has been vocal and active in efforts to resist announced or anticipated actions of the Trump administration. This includes efforts to make California a...more

Workplace Investigations and Privacy of Electronic Communications

by PretiFlaherty on

The situation is common enough: an employee is alleged to have engaged in misconduct and, as part of its investigation, the employer decides to search the employee’s company-issued computer for any relevant documents and...more

Congress has Voted to Kill OSHA’s “Volks Rule – So What Does that Really Mean?

by Fisher Phillips on

If one listens to various Democrat and labor talking heads, you would think that Congress has rolled back 40 years of worker protections by passing a resolution killing the new OSHA rule, which permitted OSHA to cite...more

How to Survive a North Carolina Department of Labor OSH Investigation

by Ward and Smith, P.A. on

Your business may be subject to an investigation by the North Carolina Department of Labor, Occupational Safety and Health Division ("OSH") at any time. Investigations may occur because of an on-the-job accident or a...more

All About OSHA

by Jackson Lewis P.C. on

Nearly every time I visit OSHA’s website, which is a daily event for me, I find something new. It might be a news release on the latest enforcement action, which might tell me what compliance officers are focusing on in...more

Immigration Law Enforcement and Visa Programs Focus of Draft Executive Order

by Jackson Lewis P.C. on

President Donald Trump had campaigned on prioritizing and protecting the interests of American workers and reducing unlawful employment of aliens. In a draft Executive Order, “Protecting American Jobs and Workers by...more

What NOT To Do in an Investigation – $2 Million Willful Judgment Affirmed Where Employer “Whited-Out” and Edited Time Records

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Employer is caught by WHD investigator instructing its employees to lie during interviews, and provides falsified records, containing whited-out and edited time records, in order to conform to the Federal...more

Ten tips for successful workplace investigations

by Dentons on

Navigating the complexities of workplace investigations can be challenging and stressful for employers. However, as all employers will receive complaints at some point in time, it’s important to know what to do (and not do)...more

Would you survive a knockout?

by Seyfarth Shaw LLP on

Ronda “Rowdy” Rousey was at the top of her field, training hard and winning harder. Her success had built her brand. So much so that she diversified into acting with parts in two big budget, big publicity movies. Then it...more

Expert Insights on Developing a Physical Security Program

by Jackson Lewis P.C. on

In today’s digital age, security tends to be thought about in terms of firewalls, malware, encryption and other safeguards for electronic systems. But the security of those systems, as well as an organization’s facilities,...more

Business Group Challenge to OSHA Interpretation Survives Motion to Dismiss and Leaves Serious Questions About Continued Viability...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a victory for employers, a Texas federal court has refused to dismiss a lawsuit challenging an OSHA interpretation under which non-employee union representatives were permitted to participate in OSHA...more

OSHA Reasserts Its Position That Employers Have A Continuing Duty to Maintain Accurate Injury and Illness Records

by Laner Muchin, Ltd. on

As one of its last acts under President Obama, the Occupational Safety & Health Administration (OSHA) issued a final rule that requires employers to ensure that their injury and illness records are accurate during the entire...more

[Webinar] MSHA 101: Understanding The Mine Act and MSHA Policy - February 14th, 1:00pm EST

by Conn Maciel Carey LLP on

The Mine Act of 1977 governs all mine operators and grants MSHA authority over the industry. It, along with the MINER Act of 2006, also specifically outline the rights of miners and operators. Yet, while the Mine Act directs...more

Court Reminds Arbitrators and Employers: Proper Investigation of Employee Medical Marijuana Use is a High Priority

by Bennett Jones LLP on

The courts have again reminded employers–and arbitrators–of the importance of a proper investigation and analysis when an employee is discovered to be using medical marijuana contrary to the employer's policies....more

[Event] Master Class: Labor and Employment Law Under the Trump Administration - Jan. 25th, Washington, D.C.

by BakerHostetler on

Please join us for BakerHostetler's “Labor and Employment Law Under the Trump Administration.” This daylong seminar is designed to offer all new high-level courses, hitting specific and practical headline issues that will be...more

Immigration Policy Choices Under the New Administration

by Epstein Becker & Green on

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

by Seyfarth Shaw LLP on

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

by Seyfarth Shaw LLP on

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,...

by NAVEX Global on

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

by Zelle LLP on

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

by FordHarrison on

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

by Conn Maciel Carey LLP on

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

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