News & Analysis as of

Workplace Investigations

Second Circuit Permits Longer Look-Back Period for Repeat OSHA Violations

by Ballard Spahr LLP on

The Second Circuit offered no valentines to employers on Wednesday when it affirmed a citation issued to Triumph Construction Corporation by the Occupational Safety and Health Administration (OSHA) for a repeat violation of...more

ICE Inspections – What Employers Need to Know After AB 450

With the recent news regarding ICE raids on 7-11’s across the country, rumors of raids targeted at Northern California businesses and California’s Attorney General announcing plans to prosecute employers for violation of new...more

Preventing Harassment in the Workplace

With harassment in the workplace being at the top of the hot topics list lately, we thought we would remind everyone of some tips for preventing harassment in the workplace. As Pat Collins recently told NJ Business Magazine,...more

Valuable free OSHA resource available for Oklahoma employers

by McAfee & Taft on

Understanding and complying with OSHA’s many requirements can be daunting. At a recent Tulsa Area Employer Council meeting, Jason Hudson with the Oklahoma Department of Labor explained an excellent tool available for Oklahoma...more

California Immigrant Worker Protection Act: New Obligations on Employers

by Perkins Coie on

The Immigrant Worker Protection Act, California Assembly Bill 450 (AB 450), went into effect in California on January 1, 2018. AB 450 prohibits both public and private California employers from voluntarily consenting to a...more

Challenges Of Investigating Harassment Claims In The #Metoo Era

by Fox Rothschild LLP on

I don’t know Aziz Ansari and I can’t purport to know what happened in his apartment on the night of the first date that has headlined the news this week. But, after 17 years as a labor & employment attorney, with a specialty...more

OSHA staffing ups and downs – what could it mean for employers?

by Husch Blackwell LLP on

Part of the Trump administration’s political platform was to shrink the size of the federal government that is not involved in defense and security. As that trickles down to OSHA, what will fewer compliance officers mean for...more

Did Your Investigation Push The Envelope Or The Self-Destruct Button?

by SmithAmundsen LLC on

Accusations, particularly of sexual harassment, are the news of the day. But a business can face a wide range of accusations any given day, such as the customer who “slips” in the parking lot, or another business which claims...more

Best Practices in the Era of Outside Investigations: Is Your Organization Ready?

by Dorsey & Whitney LLP on

Institutions and organizations are increasingly expected to conduct a thorough, neutral investigation of allegations of impropriety, misuse of authority, and sexual harassment, among many other issues. No organization, public...more

Web Exclusive: 5-Step Plan To Address Growing Sexual Harassment Concerns

by Fisher Phillips on

For several months now, it seems that each new day has brought about a fresh round of reporting on yet another high-profile sexual harassment accusation. What started in October with substantiated allegations against movie...more

What to Do About #MeToo: Anti-Harassment Guidance for Employers

by Holland & Knight LLP on

• Now more than ever, employers must proactively assess their policies and training systems to lay the groundwork for appropriate organizational responses to sexual harassment allegations or complaints that arise among...more

#MeToo: Revisiting Policies in a Trending Workplace

From Twitter hashtags to news media talking points, #MeToo has come to powerfully symbolize what many have termed a “watershed moment” for modern American culture on the issues of sexual harassment and sex discrimination. And...more

ICE Director: “We’re Taking Work Site Enforcement Very Hard This Year.” Promises to Significantly Increase the Immigration...

In a speech at the Heritage Foundation, Thomas Homan, the acting director of Immigration and Customs Enforcement (ICE), echoed the Administration’s immigration enforcement focus on employers as a crucial part of curbing...more

Withholding Evidence In sports Labor dsputes: What eSports can learn from Brady and Elliot? - Questions of Fundamental Fairness...

by Stinson Leonard Street on

For the uninitiated, eSports, is a professional sports league connected to video games, and is one of the fastest growing sports markets. While some chuckle at the growth of eSports, others are taking notice of the industry's...more

Employment Law – “Conduit” Case Does Not Qualify as Marital Discrimination & Employers are Not Required to Investigate Allegations...

by Low, Ball & Lynch on

Orlando Nakai v. Friendship House Association of American Indians, Inc., et al. - Court of Appeal, First Appellate District (August 10, 2017) - In Orlando Nakai v. Friendship House Association of American Indians, Inc.,...more

Failure to Investigate Not Fatal to Just Cause Termination

by Field Law on

The Alberta Court of Queen’s Bench’s recent decision in Watkins v Willow Park Golf Course, 2017 ABQB 541, centers around a case of a supervisor who developed unreturned romantic feelings for another employee. The case also...more

California Requires Employers to Have "Sanctuary" Worksites

by Payne & Fears on

Expanding California’s efforts to not cooperate with federal immigration authorities, Assembly Bill 450 imposes new requirements on employers when responding to government immigration worksite enforcement actions....more

California Responds to Increased Federal Immigration Enforcement Actions

by Stoel Rives LLP on

On October 5, 2017, California Governor Jerry Brown signed AB 450. With the passage of this bill, California becomes the first state in the nation to enact a law prohibiting employers from providing voluntary assistance to...more

New California Law Imposes Obligations on Employers During Immigration Worksite Enforcement

by 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

NLRB Ditches Effort To Expand Weingarten Rights to Non-Union Workplaces

Since the change in Presidential administrations, the main topic has turned to what rules will a newly constituted NLRB change? With the addition of Marvin E. Kaplan the Board now has four members, which makes undoing some of...more

[Webinar] Managing MSHA Investigations - September 26th, 1:00pm ET

by Conn Maciel Carey LLP on

MSHA investigations can catch operators off-guard and are laden with small comments or mishaps that can escalate into enforcement nightmares. The tactics and personnel used during MSHA investigations are typically much more...more

Investigate FMLA Fraud? Absolutely! But…

by Bryan Cave on

Courts have repeatedly affirmed employers’ right to investigate the perceived misuse or abuse by employees of leave under the Family and Medical Leave Act (“FMLA”). After all, while eligible employees have the right to take...more

Seventh Circuit: EEOC May Continue Investigation After Dismissal of Private Lawsuit

The Seventh Circuit recently concluded that the EEOC’s investigative powers do not end when a lawsuit related to the originating charge ends. EEOC v. Union Pacific, No. 15-cv-3452 (Aug. 15, 2017)....more

Top 10 Employment & Labour Issues for Employers

1: Accommodation in the Workplace - OVERVIEW - Employers have a duty to accommodate employees’ needs based on those grounds protected under federal and provincial human rights legislation. All employers are required...more

OSHA Inspections are on the Rise: Will You Be Ready?

by Foley & Lardner LLP on

As employers, manufacturers are aware of their responsibility for knowing the safety standards applicable to their businesses. But many do not understand their rights and obligations during the inspection process. In recent...more

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