News & Analysis as of

Retaliation Employer Liability Issues Workplace Investigations

Society of Corporate Compliance and Ethics...

[Virtual Event] Encouraging, Managing, and Integrating Employee Reporting - May 30th, 8:00 am - 5:00 pm CT

Optimize your compliance program with a “speak up” workplace culture - Building an organizational culture that encourages employee reporting is key to compliance program success. When employees are comfortable voicing...more

Fisher Phillips

Snapshot on Workplace Safety: Will SCOTUS Whistleblower Ruling Have Broader Impact on OSHA Investigations?

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Welcome to this edition of the FP Snapshot on workplace safety, where we take a quick snapshot look at a recent significant workplace law development that affects your safety and health programs. This edition is devoted to...more

Constangy, Brooks, Smith & Prophete, LLP

Want to fire your employee for FMLA fraud?

Don't shoot from the hip. Let's say you have an employee who is in Week Six of "employee's own serious health condition" leave under the Family and Medical Leave Act. Her co-worker comes to you and tells you that the...more

Genova Burns LLC

NJ Appellate Division Upholds Requests, Not Commands, By Employers to Maintain Confidentiality in Employment Investigations

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On February 28, 2022, the New Jersey Appellate Division ruled that a request for confidentiality by an investigator in connection with a discrimination or harassment investigation is valid and does not violate an employee’s...more

BakerHostetler

[Virtual Event] Unprecedented: The State of Labor Relations and Employment Law Master Class - OSHA Compliance in the Midst of a...

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Please join us for BakerHostetler’s Unprecedented: The State of Labor Relations and Employment Law Master Class. Our 8th Annual Master Class will be virtual, due to the pandemic, and it will still offer all new high-level...more

Fisher Phillips

Heed The Flashing Lights – Or 5 Ways To Avoid An Employment Litigation Trainwreck

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When railroad crossing lights flash and whistles blare, everyone knows to stop, look, and listen. Those signals represent a warning, not a permanent roadblock to proceeding. The same is often true of workplace controversies....more

BCLP

When Employee’s Trip to the Beach May NOT Support A Suspicion of FMLA Fraud

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Employers are not obligated to tolerate employee misuse of FMLA leave.  Examples abound in which an employer learns – often through an employee’s social media posts or through information from an employee’s co-workers – that...more

Bradley Arant Boult Cummings LLP

For Employers in the #MeToo Era: It’s Not the Harassment Claim, It’s the Retaliation Claim that Gets You

The era of #MeToo has caused employers to hyper-focus on harassment claims. They have fine-tuned their policies, investigated claims more carefully, and acted swiftly and sometimes even in a draconian fashion upon finding any...more

Fisher Phillips

Honesty Is The Best Policy: An Employer’s Guide To Combatting FMLA Fraud And Abuse

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It is officially summertime. And with warm temperatures and the draw of fun in the sun comes one of the largest challenges for leave and absence managers: Family and Medical Leave Act (FMLA) fraud and abuse. Unfortunately,...more

Nutter McClennen & Fish LLP

Writing for Massachusetts Lawyers Weekly, David C. Henderson Analyzes Paid Administrative Leave

David C. Henderson, a partner in Nutter’s Litigation Department and member of the firm’s Labor, Employment and Benefits practice group, published an article in Massachusetts Lawyers Weekly that examined the recent U.S....more

Sheppard Mullin Richter & Hampton LLP

EEOC Data Confirms #MeToo’s Impact: Six Keys for Employers in the Wake of This Powerful Cultural Moment

A 21st Century Social Movement - In this age of interconnectivity, compelling societal movements have a never-before-seen speed and reach. Traditional means of spreading information and generating social change have been...more

Butler Snow LLP

Hospital Not Liable For Retaliatory Discharge

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A recent decision by the Court of Appeals of Tennessee, in which the employer prevailed in a retaliatory discharge claim, demonstrates the importance of (1) maintaining confidentiality of workplace investigations and (2)...more

Fisher Phillips

Part II - Lessons Learned from Union Corporate Campaign Against Tesla Using Worker Safety.

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Part II - Corporate campaigns - first the press and then the OSHA complaints.... Multiple Rounds of Cal-OSHA Inspections. Cal-OSHA has opened four investigations into Tesla, which clearly reflects union, California...more

Fox Rothschild LLP

Eight Steps To Avoid Getting Sued Over Your Investigation

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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

Ward and Smith, P.A.

How to Survive a North Carolina Department of Labor OSH Investigation

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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

Foley & Lardner LLP

Top Five Best Practices for Workplace Investigations

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A well-conducted investigation can reduce workplace conflict, promote job satisfaction and inclusion, and can also help shield you from legal liability. However, the converse is also true — a botched investigation can have...more

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