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Investigations Employee Rights

Jaburg Wilk

When Is a Company Your Employer? Understanding the Integrated Enterprise Doctrine Under Title VII

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Filing a charge of employment discrimination with the Equal Employment Opportunity Commission (EEOC) can be confusing when determining who the employer is. That’s especially true in a complex corporate environment, where...more

Clark Hill PLC

National Labor Relations Board updates guidance for investigating salting cases

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On July 24, the National Labor Relations Board’s Acting General Counsel, William B. Cowen, issued updated guidance for investigating salting cases that will likely enhance employers’ chances of prevailing before the board....more

Conn Maciel Carey LLP

Common Questions in Evaluating a Whistleblower Complaint Filed with OSHA

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In FY 2023, the Occupational Safety and Health Administration (“OSHA”) received 3,243 Whistleblower complaints filed under various statutes’ anti-retaliation provisions. OSHA is charged with investigating alleged retaliation...more

Hogan Lovells

Navigating internal investigations in the Netherlands: Legal risks and practical solutions

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Why internal investigations matter Internal investigations are more than just fact-finding exercises. When handled properly, they help organizations: Uphold legal and ethical standards; Avoid litigation and regulatory fines;...more

Oppenheimer Investigations Group

Understanding Unconscious Biases in Workplace Investigations

Unconscious biases, including implicit and cognitive biases, are pervasive in our daily lives and can significantly impact our decisions, even when we strive to be fair and objective. For workplace investigators, recognizing...more

Fisher Phillips

DOL Provides Long-Awaited Damages Relief to Employers in Wage and Hour Investigations: 3 Top Takeaways

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The Department of Labor (DOL) just rolled back a Biden-era practice of demanding that employers pay liquidated damages – in an amount equal to back pay – to resolve wage and hour investigations. The Trump administration...more

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

Washington Public Records Act Now Protects Identities in Workplace Investigations

Investigation records have typically been considered public records under Washington State’s public disclosure law, absent a specific exemption or an established legal privilege. ...more

Seyfarth Shaw LLP

Managing Cross-Border Sexual Harassment Investigations: Legal Insights and Practical Realities

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In today’s global workplace, managing sexual harassment complaints is no longer a matter confined to a single jurisdiction. As companies expand across borders, their legal obligations become increasingly complex....more

Bennett Jones LLP

Workplace Investigations: Perfection Is Not the Standard

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A recent decision of Ontario’s Superior Court of Justice provides helpful guidance to Ontario employers on the standard of workplace investigation in the context of a termination for cause. The Court also provides helpful...more

Seyfarth Shaw LLP

Managing cross border sexual harassment investigations in Australia and Asia––10 key considerations for employers (Part 1)

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Seyfarth recently hosted a webinar entitled ‘Managing Cross-Border Sexual Harassment Investigations in Australia and Asia’, addressing the practical considerations that employers should be aware of when investigating...more

Holland & Hart - Employers' Lawyers

A Shoddy Investigation Is Not Retaliatory

When an employee complains of discrimination or harassment, companies often investigate the matter. Doing so allows a company to address alleged improper behavior and it may allow the company to avoid potential liability –...more

Vorys, Sater, Seymour and Pease LLP

Strategies for Ensuring Effective Workplace Investigations

Employers are often faced with complaints of harassment, discrimination, retaliation, and other kinds of misconduct. While no two investigations are identical, specific strategies exist to help conduct effective workplace...more

Jones Day

Belgium Adopts New Act on Private Investigations

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The Belgian legislature recently adopted a new act on private investigations ("Act")....more

Oppenheimer Investigations Group

The Investigative Interview: Best Practices When Interacting with Third Persons

An investigative interview is an opportunity for the investigator to gather relevant facts related to a concern in a workplace. The role of the investigator during an investigative interview is to hear the perspective of the...more

Troutman Pepper Locke

Workplace Investigations – One Size Does Not Fit All

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Over the last few years, employers have faced new and expanded obligations under state and federal employment laws relating to prohibition of discrimination, harassment, and retaliation in the workplace. These changes stem...more

Mayer Brown

Employment Investigations Checklist

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In recent years, internal investigations into employee complaints and employee conduct have been on the rise across a variety of industry sectors. Employment (or workplace) investigations can take many forms, and can be...more

Oppenheimer Investigations Group

Key Insights for Impartial Investigations: Can One be Opinionated and Unbiased at the Same Time?

People, including investigators, have opinions, but that doesn’t necessarily get in the way of doing impartial investigations into school or workplace claims of misconduct, which often center around sensitive issues such as...more

Oppenheimer Investigations Group

Guide for Participants in Workplace Investigations

A quick search on Reddit or Google will reveal that workplace investigations often seem shrouded in mystery. Every person involved—complainant, respondent, and witnesses alike—enter the process with questions: Why has my...more

McDermott Will & Schulte

How Employers and Healthcare Providers Can Navigate Immigration Enforcement

Despite the anticipation of increased enforcement of US immigration laws, the rules and practical advice related to an employer’s legal duties under the Immigration Reform and Control Act (IRCA) and what to do if US...more

Bradley Arant Boult Cummings LLP

Investigations: Employers Can Avoid Getting in Their Own Way with Some Planning

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

Bradley Arant Boult Cummings LLP

No. 3 of 10 Things Every Employer Should Know About OSHA: Employees Have Rights When It Comes to OSHA Interviews

Although OSHA has the right to conduct private, one-on-one interviews with a company’s non-managerial employees, those same employees have rights too. Those rights include: Keep in mind that an employee’s refusal to cooperate...more

BCLP

Employee Monitoring: Lessons from CNIL’s EUR 32M Fine Against Amazon France Logistique

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Following the publication of several press articles and employee complaints, the French data protection regulator (“CNIL”) carried out an investigation at the Amazon France Logistique’s (“Amazon”) warehouses. The CNIL's...more

ArentFox Schiff

EEOC and US Department of Labor's Wage and Hour Division Partner to Enhance Enforcement

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Last week, the Equal Employment Opportunity Commission (EEOC) and the US Department of Labor’s Wage and Hour Division (WHD) signed a Memorandum of Understanding (MOU) to encourage enhanced law enforcement and greater...more

Akerman LLP - HR Defense

What’s in Store for the Next Four Years? The EEOC’s Strategic Plan

The EEOC promises to secure greater equitable relief, to better investigate systematic discrimination, and to improve its customer service over the next four years, among other New Year’s resolutions. In its draft EEOC...more

Perkins Coie

NLRB Upholds Johnnie’s Poultry Standard in Sunbelt Rentals, Inc. Decision

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Employers investigating unfair labor practice claims can breathe a little easier, as the National Labor Relations Board (NLRB or the Board) upheld the longstanding Johnnie’s Poultry standard for conducting interviews with...more

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