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Employer Liability Issues Investigations

Foley & Lardner LLP

Shifting Views on Paid Administrative Leave

Foley & Lardner LLP on

Employers often place employees on paid administrative leave while they investigate accusations of employee misconduct or make decisions regarding the employees’ employment. Traditionally, most federal courts agreed that this...more

Bradley Arant Boult Cummings LLP

No. 2 of 10 Things Every Employer Should Know About OSHA: Be Present in Manager Interviews

We all know that OSHA has the right to interview folks as part of an investigation. Whether a company representative and the company attorney can also attend an interview depends on who is being interviewed....more

Blake, Cassels & Graydon LLP

Derniers développements en droit de l’emploi au Canada : indications clés

La gestion du milieu de travail et de la main-d’œuvre présente de nombreux défis aux employeurs, qu’il s’agisse, entre autres, de faire face à des enquêtes complexes en milieu de travail, de composer avec les grands enjeux en...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Expands Employer Protections Against Suspected FMLA Misuse

While the Family and Medical Leave Act (FMLA) is designed to protect employees who suffer from a qualifying "serious health condition that makes the employee unable to perform the functions of" their job, its administration...more

Blake, Cassels & Graydon LLP

Cross-Country Developments in Employment Law: Key Insights

Employers face many challenges when managing their workplaces and workforces, from dealing with complex workplace investigations to addressing key diversity and inclusion considerations and staying updated on relevant case...more

Sheppard Mullin Richter & Hampton LLP

CFPB Issues Circular, Warning Against Whistleblower Intimidation

On July 24, 2024, the CFPB issued a circular detailing how companies may be breaking the law by requiring employees to sign broad nondisclosure agreements that could deter whistleblowing.  Under Section 1057(a) of the...more

A&O Shearman

Due process in internal investigations in Belgium: mixed signals given by the Supreme Court and the legislator.

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Last month, the Belgian Supreme Court ruled in a case concerning a former employee who, following an internal investigation, had been first dismissed by her employer for and subsequently convicted of several criminal...more

Jackson Lewis P.C.

EEOC Enforcement Guidance on Workplace Harassment: Liability

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The Equal Employment Opportunity Commission’s (EEOC) first updated enforcement guidance on workplace harassment in 25 years is broken down into the three components of a harassment claim: (1) the covered bases and causation;...more

McGlinchey Stafford

Workplace Retaliation: Court Slashes $366M Jury Verdict

McGlinchey Stafford on

This significant workplace retaliation case, Harris v. FedEx, underscores the critical importance of conducting thorough investigations into any allegations of discrimination or harassment by employees. Thorough documentation...more

Baker Donelson

Employers Take Notice: OSHA and NLRB Join Forces for Workplace Safety Investigations

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On Tuesday, October 31, 2023, the Occupational Safety and Health Administration (OSHA) and the National Labor Relations Board (NLRB) published a Memorandum of Understanding (2023 MOU) to facilitate interagency cooperation and...more

McDermott Will & Emery

Top Three Labor Trends to Watch for in Q4 2023

McDermott Will & Emery on

As we enter the last quarter of 2023, here are some of the key issues impacting employers: 1. New joint employer standard: More companies will be pulled into union organizing campaigns, contract negotiations and National...more

Rumberger | Kirk

Workplace Harassment: The U.S. Workplace After 6 Years Of #MeToo

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Chase Hattaway talks with HR.com about the impact of the #MeToo movement on the U.S. work culture, challenges employers face when addressing workplace harassment in a remote setup, and more. Originally published on HR.com...more

DarrowEverett LLP

How IRS Is Cracking Down on Employee Retention Tax Credit Fraud

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The Internal Revenue Service (“IRS”) has recently devoted great attention to detecting, investigating, and prosecuting fraud, particularly as it relates to the Employee Retention Tax Credit (“ERC”) post-COVID. On a webinar...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity - June 2023

In our June Privacy & Cybersecurity Update, we review new data privacy laws in Colorado, Connecticut, Florida and Montana; Verizon’s annual Data Breach Investigations Report; AM Best’s report on cyber insurance trends; and...more

Bond Schoeneck & King PLLC

The New York State Law Enforcement Misconduct Investigative Office: What Law Enforcement Agencies Need to Know

In June 2020, the New York Legislature enacted Article 5, Section 75 of the New York Executive Laws, which established the Law Enforcement Misconduct Investigative Office (LEMIO). In response to the nationwide protests...more

McDermott Will & Emery

DOJ’s Labor Market Prosecution Against Aerospace Employees Dismissed; Alleged Market Allocation Not Within Per Se Rule

On April 28, 2023, a US District Court for the District of Connecticut judge dismissed the US Department of Justice’s (DOJ) criminal non-solicitation case against six aerospace industry employees, acquitting all the...more

Littler

Ontario, Canada: OLRB Clarifies That Employers Have Significant Discretion in Choosing Who Will Investigate Complaints of...

Littler on

Section 32.07(1)(a) of Ontario’s Occupational Health and Safety Act (OHSA) provides that one of an employer’s duties relating to a workplace harassment complaint is to ensure an investigation occurs that is “appropriate in...more

Venable LLP

Arbitration Award Against Federal Contractor Highlights Need to Review Collective Bargaining Agreements Prior to Internal...

Venable LLP on

When companies are alerted to potential violations of policy or relevant law, they frequently open internal investigations to determine the events that occurred and whether the circumstances require corrective action....more

Spilman Thomas & Battle, PLLC

Construction Employers: Beware the Ides of March

Construction continues to be one of the deadliest industries in the United States, and the Occupational Safety and Health Administration (“OSHA”) is heavily targeting construction workplaces. In 2022, OSHA inspected...more

Faegre Drinker Biddle & Reath LLP

Illinois Department of Labor Publishes Final Rules Regarding Illinois Equal Pay Registration Certificates

The Illinois Department of Labor (IDOL) recently published its final rules regarding Illinois Equal Pay Registration Certificates (EPRC).  The final rules largely adopt the proposed rules issued last June, which was discussed...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

Akerman LLP - HR Defense

What’s in Store for the Next Four Years? The EEOC’s Strategic Plan

The EEOC promises to secure greater equitable relief, to better investigate systematic discrimination, and to improve its customer service over the next four years, among other New Year’s resolutions. In its draft EEOC...more

Perkins Coie

NLRB Upholds Johnnie’s Poultry Standard in Sunbelt Rentals, Inc. Decision

Perkins Coie on

Employers investigating unfair labor practice claims can breathe a little easier, as the National Labor Relations Board (NLRB or the Board) upheld the longstanding Johnnie’s Poultry standard for conducting interviews with...more

Sherman & Howard L.L.C.

Independent Investigations and Decision-making Can Protect Employers from Liability

Sherman & Howard L.L.C. on

In one of Aesop’s fables, a monkey dupes a cat into pulling roasted chestnuts from a hot fire, promising the cat a share of the bounty. The flattered cat complies — burns its paw in the process — only to watch the monkey...more

Sheppard Mullin Richter & Hampton LLP

Buyer Beware: Tenth Circuit Issues Decision Emphasizing Critical Need for Employment Diligence

A recent decision from the Tenth Circuit Court of Appeals highlights some of the pitfalls of entering into commercial transactions without conducting thorough employment diligence – even in the asset purchase context....more

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