Work This Way: A Labor & Employment Law Podcast | Episode 43: How Employers Can Navigate White Collar Crime with Erica Barnes & Christian Dysart of Maynard Nexsen
Harassment in the Celebrity Workplace: Insights From It Ends With Us — Hiring to Firing Podcast
Managing Employee Compliance in Highly Regulated Industries — Hiring to Firing Podcast
California Employment News: Effective Disciplinary Procedures and Policies (Podcast)
California Employment News: Effective Disciplinary Procedures and Policies
Effective Harassment Trainings: Best Approaches With Insights from NCIS — Hiring to Firing Podcast
How to Combat Corporate Theft: Office Space - Hiring to Firing Podcast
SEC Settles with Activision for $35 Million - Employment Law This Week®
California Employment News: Starting a Workplace Investigation (Part 1)
JONES DAY TALKS®: The eBay Cyberstalking Case: Mitigating the Compliance Risks of Employee Misconduct
The ABCs of Employee Theft [More With McGlinchey Ep. 7]
Day 1 of One Month to Better Investigations and Reporting-Introduction to Investigations and Internal Reporting
Day 22 of One Month to Better Compliance Through HR-10 Questions to Better Operationalize Compliance
Day 11 of One Month to Better Compliance Through HR-the Fair Process Doctrine
An anonymous whistle-blower reports sexual misconduct by the CEO and threatens to go to the media… In the post-MeToo era, organisations face significant challenges when sensitive workplace allegations and details of the...more
At some point, every employer will need to investigate an employee’s complaint. An investigation is an important tool that employers can use to fix a workplace problem and minimize liability. Or, an investigation can create...more
Employers often place employees on paid administrative leave while they investigate accusations of employee misconduct or make decisions regarding the employees’ employment. Traditionally, most federal courts agreed that this...more
While the Family and Medical Leave Act (FMLA) is designed to protect employees who suffer from a qualifying "serious health condition that makes the employee unable to perform the functions of" their job, its administration...more
On July 9, 2024, the U.S. Court of Appeals for the Fifth Circuit took the latest step in a continuing controversy about when obscenity or other misconduct by a worker, while raising otherwise protected job complaints,...more
On September 25, 2023, the U.S. Court of Appeals for the Eleventh Circuit affirmed the Department of Labor’s Administrative Review Board’s rejection of an employee’s Sarbanes–Oxley Act (SOX) retaliation claim, holding the...more
The National Labor Relations Board returned to its prior standard for analyzing the legality of disciplining employee misconduct related to protected concerted activity. Lion Elastomers LLC II, 372 NLRB No. 83 (May 1, 2023)....more
The National Labor Relations Board has reverted to decades-old standards for assessing whether employee misconduct during the course of protected activity should be protected under federal labor law. The Board’s move will...more
Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business. Recent developments include: Third...more
Last year, we discussed how stockholder complaints concerning environmental, social, and governance (“ESG”) issues were making their way to the courtroom and, specifically, how the Delaware Court of Chancery and Supreme...more
On October 26, 2022, the U.S. Court of Appeals for the Seventh Circuit handed employers another reminder of the potential benefits of consistent management. In Dunlevy v. Langfelder, the Seventh Circuit upheld the appeal...more
On May 27, 2021, in Todd v. Fayette County School District, a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit affirmed the propriety of a school district’s decision to end a mentally ill...more
Employers understand they have an obligation to investigate complaints of workplace misconduct. However, communications made during internal investigations are not totally without risk....more
If you’ve had occasion to converse with a management-side employment lawyer (and somehow survived it), it seems the edict of documenting performance issues is tattooed on his/her forehead. I must confess in my own supervisor...more
Seyfarth Synopsis: The Fourth Circuit has issued a reminder of the boundaries of employer liability for defamation where there is no nexus between the employee’s offensive speech and the individual’s workplace...more
Companies are facing a growing number of derivative and securities class actions in the wake of the #MeToo movement. Having strong protocols to address allegations of harassment and sexual misconduct, thoroughly and promptly...more
On October 18, 2017, a federal district judge in Alaska ordered a former employee to pay nearly $170,000 of his ex-employer’s legal fees as sanction for removing nine attorney-client privileged documents prior to his...more
A recent federal appeals court decision case upheld an employer’s termination of a diabetic employee for misconduct, despite the employee’s argument that her poor work performance was a result of low-blood sugar....more
In a published opinion, the Tenth Circuit Court of Appeals recently ruled that the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) do not require employers to excuse an employee’s misconduct...more
The courts have again reminded employers–and arbitrators–of the importance of a proper investigation and analysis when an employee is discovered to be using medical marijuana contrary to the employer's policies....more
FMLA abuse is an increasing problem oftentimes leaving employers searching for options. However, the Fourth Circuit Court of Appeals gave employers a win in Sharif v. United Airlines, Inc., when it affirmed an employer’s...more