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Attorney-Client Privilege Employer Liability Issues

Jackson Lewis P.C.

[Event] Workplace Horizons Extension: Bay Area - September 9th, Menlo Park, CA

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The leading educational and networking event — from the premier firm for employment + labor law — comes closer to you regionally and topically. The benefits of Jackson Lewis’ annual Workplace Horizons conference in New York...more

CDF Labor Law LLP

[Webinar] An Employer’s Playbook for ICE Audits & Workplace Raids - June 24th, 10:00 am - 10:45 am PT

CDF Labor Law LLP on

As we have all seen in the news, employers everywhere, and especially in California, are experiencing a marked uptick in workplace immigration enforcement activity. ICE audits and unannounced raids can occur without warning,...more

Seyfarth Shaw LLP

Pay Equity Studies in Focus: Navigating Privilege and Public Disclosure Risks

Seyfarth Shaw LLP on

A recent decision from the U.S. District Court in Kansas—Spears v. Thermo Fisher Scientific—ruled that a pay equity analysis conducted primarily for business purposes was not protected by attorney-client privilege or the work...more

Jackson Lewis P.C.

[Event] Workplace Horizons 2025 - April 30th - May 2nd, New York, NY

Jackson Lewis P.C. on

The leading educational and networking conference — from the premier firm for employment + labor law - Join us at Workplace Horizons 2025, where attorneys, in-house counsel and HR leaders come together to share and solve...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSH Law Primer, Part X: Voluntary Safety and Health Self-Audits

This is the tenth installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and Health...more

Parker Poe Adams & Bernstein LLP

The Latest Major Developments in NC and SC Business Litigation

Employers in South Carolina faced with litigation might have an easier time winning motions for summary judgment, noncompete agreements remain in the crosshairs, and the North Carolina Supreme Court offered some rare how-to...more

Fisher Phillips

AI Notetaking Tools Are All the Rage – But Should You Use Them? Employers Should Weigh These Risks First

Fisher Phillips on

Perhaps you’ve asked an employee to take notes during a Zoom meeting, but they complained the task is difficult to manage while collaborating with teammates. Maybe you intended to document everything that transpired during an...more

Fisher Phillips

SCOTUS 2023 Lookback and 2024 Preview: 7 Critical Decisions All Employers Should Review and 3 New Cases to Track

Fisher Phillips on

The Supreme Court’s blockbuster decisions last term dominated the headlines – and many rulings will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an...more

McGuireWoods LLP

Northern District of Texas Protects Communications With Former Employees

McGuireWoods LLP on

Lawyers representing corporations or other entities during investigations routinely interview former employees. Those intangible interviews and any resulting documentation presumably deserve work product protection if the...more

Littler

What Does the Supreme Court’s Decision Not to Review the Standard for Attorney-Client Privilege Mean for Employers?

Littler on

As workplace issues have become more complex, human resource professionals and managers often turn to employment lawyers for advice in sorting out matters involving the interaction between business requirements and the...more

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: OFCCP: Privileged vs. Proactive Analyses - February 21st, 2:00 pm - 3:00 pm EST

DCI Consulting on

In 2022, OFCCP issued a directive to advance pay equity through compensation analysis. During the original release of the directive, many in the legal community were concerned that OFCCP would require the production...more

Littler

Littler Lightbulb: Labor & Employment Appellate Roundup

Littler on

This Littler Lightbulb highlights some recent labor and employment law developments at the U.S. Supreme Court and federal courts of appeal. At the Supreme Court. On October 3, the Justices agreed to hear In re Grand...more

Parker Poe Adams & Bernstein LLP

North Carolina Supreme Court Says Internal Investigations Conducted by Attorneys May Not Be Privileged

​​​​​​​When confronted with an internal employee complaint such as a sexual harassment claim, the company’s first reaction may be to use inside or outside legal counsel to investigate the complaint and advise the company on...more

Seyfarth Shaw LLP

Conduct Guarding Analyses Under Attorney-Client Privilege! OSHA Issues Willful Violation after Uncorrected Alleged Guarding Issue...

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Seyfarth Synopsis: A manufacturer was issued a “willful citation” for failure to correct a machine guarding deficiency identified in a previous audit....more

Proskauer - Labor Relations Update

Google’s Union Campaign Strategy Documents Not Privileged, NLRB Administrative Law Judge

Google recently suffered a blow in its ongoing National Labor Relations Board litigation, when an Administrative Law Judge appointed to rule on a discovery dispute ordered the Silicon Valley company to turn over the lion’s...more

Proskauer - California Employment Law

House of Cards: What Employers Can Learn From Kevin Spacey’s Alleged Missteps

Kevin Spacey’s legal troubles have taken a costly turn as the production companies behind Netflix’s House of Cards recently asked a California court to confirm an arbitration award of almost $31 million against Spacey for...more

Bradley Arant Boult Cummings LLP

Worker Classification Investigations Highlighted

Last week, the Internal Revenue Service issued a polite notice (IR-2021-186) to employers and tax practitioners, as part of National Small Business Week, “to remind… business owners to correctly identify workers as employees...more

Epstein Becker & Green

Attorney-Client Privilege & Employee-to-Employee Communications

Epstein Becker & Green on

Thanks to multiple means of electronic communication that are available these days, employees communicate with each other more quickly and easily—and as a result, more frequently—than ever before. Email and other electronic...more

Perkins Coie

Washington Supreme Court Extends Corporate Privilege to Non-Employee Contractors

Perkins Coie on

More than thirty years ago, the Washington Supreme Court ruled defense counsel may not engage in ex parte communications with a plaintiff’s treating physician. Loudon v. Mhyre, 110 Wn.2d 675, 676 (1988). The Loudon rule, as...more

Fisher Phillips

Federal Court Provides 5-Step Roadmap For Ensuring Your Pay Equity Audits Are Confidential

Fisher Phillips on

Employers conducting internal pay equity audits now have a roadmap for ensuring that their pay equity audits remain confidential in the wake of pay equity litigation. Thanks to a recent federal court ruling from an Oregon...more

Seyfarth Shaw LLP

Managing Post-Accident Communications – Preserving Legal Privileges and Limiting Liability

Seyfarth Shaw LLP on

Hopefully most employers will never experience a serious workplace accident involving personal injury, property damage or both. This article will provide recommendations for an employer to respond in a forthright manner while...more

Epstein Becker & Green

Five Developing Trends Financial Services Employers Need to Know - Take 5 Newsletter

Epstein Becker & Green on

As certain long-standing issues of interest to financial services employers seem to be receiving a degree of reactive attention, other cutting-edge issues continue to force such employers to revisit and update policies to...more

ArentFox Schiff

Employers Beware: Investigation Reports May Not Be Shielded by the Attorney-Client Privilege

ArentFox Schiff on

The Massachusetts Superior Court’s recent decision in Burke v. The General Hospital Corp. et. al., provides critical insight into the limitations of the attorney-client privilege as it applies to investigation reports...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Pay Equity FAQs, Topics, and Trends

The trend of increased legislation, regulation, and corporate initiatives focused on identifying and correcting pay disparities in the workplace has continued to grow. In this episode, Liz Washko discusses recent developments...more

Brooks Pierce

The impact of society’s demands for transparency on internal investigations and their investigators

Brooks Pierce on

There has been much attention — and rightfully so — on the impact of the #MeToo movement within the workplace. That impact has significantly changed employment policies and practices from large national corporations to small...more

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