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Investigations Employment Litigation

BCLP

Privilege And Iniquity, Whistleblowing Reports, Discrimination As A Repudiatory Breach And A News Round-Up

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Our employment law update for August covers a case about the iniquity exception to legal privilege, a whistleblowing case involving a long-delayed judgment and third party reports, and a case on whether discriminatory actions...more

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

Parker Poe Adams & Bernstein LLP

Georgia High Court Will Not Review Ruling Stripping Immunity From K-12 School Leaders

A Georgia Court of Appeals decision will now stand after the Georgia Supreme Court declined on Tuesday, July 1, to review the case. The ruling has serious implications for the doctrine of official immunity for K-12 employees...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

Clark Hill PLC

Court Upholds Almost $2 Million In Jury Award To Male Coach On Defamation Claim Against Student Who Spread False Rumors Of Sexual...

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After a male university student told his mother and girlfriend that a male coach was rumored to be having sex with one of his female players, the mother reported the rumor to the university. The university conducted a Title...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

Epstein Becker & Green

Whistleblower Challenges and Employer Responses: One-on-One with Alex Barnard

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Addressing whistleblower claims is one of the most sensitive and complex issues employers face. It becomes especially challenging when the claims involve compliance officers, risk officers, or even lawyers tasked with...more

Woods Rogers

Conducting Effective Workplace Investigations

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Nothing catches people’s attention like a high-profile, drama-filled lawsuit. Not every employer will deal with a Blake Lively/Justin Baldoni-level feud, but discrimination and harassment lawsuits arise in all types of work...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

Conn Kavanaugh

When Employers Should Seek Employment Counsel: 7 Key Scenarios

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Navigating employment laws can be challenging for businesses in Massachusetts. From hiring to termination, understanding this complex legal landscape is crucial to avoid costly mistakes. This article highlights seven key...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Expands Employer Protections Against Suspected FMLA Misuse

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

A&O Shearman

FAQs: UK FCA consults on plans to publicise investigations and amend its Enforcement Guide

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By now, you may have heard that the UK Financial Conduct Authority (FCA) is consulting on changes to its approach to publicising enforcement investigations, as well as other changes to its Enforcement Guide. If they come into...more

A&O Shearman

Social Elections 2024: How to determine the technical business unit for the upcoming Belgian social elections in 2024

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Determining the TBU at the start of the social elections process. The 2024 social elections are scheduled for 13-26 May, when workers will elect their representatives on the works council and the health and safety...more

Foley & Lardner LLP

EEOC Issues Proposed Enforcement Guidance on Harassment and Addresses LGBTQ and Racial Employment Issues

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Sexual orientation, gender identity, and race continue to be widely discussed and politicized throughout the U.S. Issues related to these protected categories also continue to arise in the workplace. The EEOC recently issued...more

McDermott Will & Schulte

Top Three Labor Trends to Watch for in Q4 2023

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As we enter the last quarter of 2023, here are some of the key issues impacting employers: 1. New joint employer standard: More companies will be pulled into union organizing campaigns, contract negotiations and National...more

Fox Rothschild LLP

EEOC and DOL/WHD Sign Formal Cooperation Agreement

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The Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor’s Wage and Hour Division (WHD) have signed a Memorandum of Understanding to facilitate cooperation between the two agencies through...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity - June 2023

In our June Privacy & Cybersecurity Update, we review new data privacy laws in Colorado, Connecticut, Florida and Montana; Verizon’s annual Data Breach Investigations Report; AM Best’s report on cyber insurance trends; and...more

A&O Shearman

Common themes arising from sensitive investigations

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Following on from our popular workplace investigations webinar we summarise the questions we received. The FAQs below represent the common themes coming out of the questions we received. In terms of terminology, we use...more

King & Spalding

Partygate: Work-Place Negations, Intoxications and Investigations

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Many of you will have read the Sue Gray report published last week into the investigation into alleged gatherings of Number 10 staff on UK Government premises during Covid restrictions. It makes a sobering read...more

Bass, Berry & Sims PLC

Anti-Retaliation under the False Claims Act

The False Claims Act encourages whistleblowers to come forward when they suspect their employer is committing fraud. This post provides a general overview of the False Claims Act’s anti-retaliation provision, which protects...more

Brooks Pierce

COVID’s Long-Term Impact: Six Unique Legal Issues Facing Businesses in 2022

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The legal landscape is ever-changing, as new laws are passed or existing laws are interpreted or enforced differently. Brooks Pierce attorneys have identified some of the biggest potential legal issues that businesses need to...more

Best Best & Krieger LLP

[WEBINAR] Labor & Employment Law: What Changed in 2017

Best Best & Krieger Labor & Employment attorneys discussed new legislation and case law impacting California employers - private and public. What Was Discussed -Legislation passed in 2017 -Wage and hour update ...more

U.S. Equal Employment Opportunity Commission...

Lincoln Cemetery Sued by EEOC for Retaliation

Company Terminated a 31-Year Veteran Employee After She Participated in a Discrimination Investigation, Federal Agency Charges - ATLANTA - Lincoln Cemetery, Inc., an Atlanta corporation specializing in interment...more

Hogan Lovells

Employment News - March 2017 #4

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Lack of communication – contractual dismissal notice only took effect when received - In Newcastle Upon Tyne NHS Foundation Trust v Haywood the Court of Appeal has decided that contractual notice of dismissal only took...more

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