News & Analysis as of

Workplace Investigations

Sneaky Section 7 Traps for the Unwary Employer

With only about 6.5 percent of workers in the private sector being represented by unions, many private sector employers pay little, if any, attention to the requirements of the National Labor Relations Act (NLRA)....more

[Webinar] Master Class: Conducting & Closing Effective Workplace Investigations - May 10th, 8:30am PT

by NAVEX Global on

Join this free educational event—brought to you by the NAVEX Global Ethics & Compliance Virtual Conference—for 2.5 hours of quality learning. Become an expert investigator in 1 day! In this Master Class, you will learn...more

2018 and its first EEO Audit

by Womble Bond Dickinson on

New Procedures: Old Problems – Don’t get caught off guard! On February 26, the Media Bureau issued its first Equal Employment Opportunity (“EEO”) audit of 2018 to randomly selected radio and television stations. There are...more

Reporting Sexual Harassment In The Digital Age

by Fisher Phillips on

In the wake of #TimesUp and #MeToo, the business world continues to reel over the seemingly shocking realization that sexual harassment is even more pervasive than most had imagined. This movement has forced employers across...more

Navigating Unexpected Terrain in Workplace Investigations

Join me in a discussion on the increasingly nuanced landscape of employee workplace investigations and best practices in managing their effect on corporate brand, attorney-client privilege and obligations to applicable...more

Eight Steps To Avoid Getting Sued Over Your Investigation

by Fox Rothschild LLP on

Thorough investigations can protect employers from claims that their decisions were discriminatory, retaliatory, or in bad faith. Conversely, a defective investigation can increase an employers’ exposure to those same claims....more

Update - Cal/OSHA Hotel Housekeeping Injury Standard Effective July 1, 2018

by Fisher Phillips on

As we reported in January, after nearly six years of discussion and debate, the Cal/OSHA Standards Board (Board) approved a standard on “Hotel Housekeeping Musculoskeletal Injury Prevention.” The final regulation was recently...more

DOJ Challenges California Law Placing Restrictions on Employer's Ability to Allow ICE into the Workplace

by Littler on

On March 6, 2018, the U.S. Department of Justice filed a lawsuit challenging California’s Immigrant Worker Protection Act (Assembly Bill 450), among other laws designed to limit the extent state law enforcement and prisons...more

Court Upholds Unlimited Look Back Period for OSHA Repeat Violations

The Occupational Safety and Health Act provides for increased penalties when an employer repeatedly violates a standard. While there is no specific time frame established in the statute for how long OSHA can look back for a...more

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

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