News & Analysis as of

Workplace Investigations

#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

Circuit Court Rejects Attack On NLRB’s New Witness Rule

During the last several years, the NLRB has overturned a great deal of existing precedent. Among other changes, the Board has required bargaining over discipline in newly organized units, found graduate students to be...more

Disclosure Danger: Employers Still Stuck With NLRB’s Witness Statement Disclosure Standard

by Fisher Phillips on

The U.S. Court of Appeals for the District of Columbia rejected the chance yesterday to revive long-held precedent which for many years had protected employer witness statements from disclosure to unions before an arbitration...more

No Immigration Surprises in President’s Proposed Budget - Mandatory E-Verify, Boosted Enforcement Among Priority Requests

by Fisher Phillips on

President Trump’s proposed budget released by the White House earlier this week contains no real surprises when it comes to the immigration provisions. The budget supports President Trump’s promises to increase immigration...more

After The Investigation: Now what?

Last week, we talked about employment investigations. This week, I’d like to talk about what employers do with the information they gathered during the investigation. There are two main tasks: No. 1: Figure out what...more

NLRB: Nonunion Employees Do Not Have A Right To A Co-Worker’s Presence During Investigatory Interviews

by Foley & Lardner LLP on

As we have frequently reminded our readers, even non-unionized employers need to pay close attention to the National Labor Relations Board’s (NLRB) rulings and opinions as to employees’ rights under applicable labor law. For...more

9 Traits Of A Bang-Up Workplace Investigation

What makes a workplace investigation so good that you just can’t wait to show the EEOC investigator what you did? And you’re like, “Plaintiff’s lawyer, take us to court — please!”...more

Workwise: Province Announces New Partnership with Police to Investigate Serious Workplace Safety Incidents

by Field Law on

The Government of Alberta has announced a new partnership with ten different police agencies across the province to define protocols for the investigation of serious workplace occupational health and safety (OHS) incidents....more

Alberta government signs Memorandum of Understanding with police services setting out new procedures for investigating serious...

by Dentons on

The government of Alberta and 10 police services recently signed the Westray Memorandum of Understanding. The announcement was made on the National Day of Mourning, which this year commemorates the 25th anniversary of the...more

OSHA Walks Back Guidance on Third Parties Participating in an OSHA Inspection at a Non-Unionized Workplace

by Hodgson Russ LLP on

On February 21, 2013, Deputy Assistant Secretary Richard E. Fairfax issued an OSHA Letter of Interpretation suggesting that non-unionized workers without a collective bargaining agreement have a right to designate a...more

OSHA Advisory: OSHA Drops Controversial Inspection Interpretation

by Sherman & Howard L.L.C. on

Last week, OSHA rescinded a controversial 2013 interpretation letter that allowed union representatives – including organizers – to participate in OSHA inspections at non-union workplaces. Many employers and employer groups...more

OSHA Rescinds Policy Allowing Union Access to Nonunionized Facilities

On April 25, 2017, the Occupational Safety and Health Administration (“OSHA”) rescinded a four-year-old policy allowing unions to participate in OSHA safety and health inspections at nonunionized facilities. Under a...more

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