Employers Can’t Guarantee Complete Confidentiality in Investigations

?Protecting the confidentiality of complainants and others participating in workplace investigations is a tightrope act for investigators. They need to provide assurances of confidentiality to the extent possible without guaranteeing complete confidentiality.... Read more »

Jury Finds Employer Didn’t Retaliate Against Worker who Filed Complaint

?A jury returned a verdict for an employer, a subsidiary of a publicly traded life sciences company, finding that a former employee did not meet his burden of proving he was terminated... Read more »

Proposal Would Restrict Electronic Monitoring Nationwide

?A proposal by National Labor Relations Board General Counsel Jennifer Abruzzo to prevent union busting via employers who monitor employees electronically would apply to all companies, not just unionized ones. Already, a... Read more »

Take Time to Plan Out Your Workplace Investigation Interviews

?Before you launch a workplace investigation, take the time to plan out how you will conduct your interviews. They will lay the groundwork for everything that will follow. This article highlights key... Read more »

An Enterprise-Wide Data Privacy Solution to the State Privacy Law Problem

?Despite predictions otherwise, 2022 will not be the year that a federal data privacy law is enacted. While the bipartisan American Data Privacy Protection Act (ADPPA) proposal made it to the House... Read more »

2022 Ballot Measures Will Address Abortion, Marijuana and Minimum Wage

?Employers should keep an eye on this year’s Election Day results, as many states are presenting ballot measures on abortion, marijuana, minimum wage and unions. Statewide ballot measures will be put to... Read more »

Affirmative Action Hangs in Doubt

?The U.S. Supreme Court heard two cases on Oct. 31 that will test the future of affirmative action in higher education, the available pipeline of recent graduates, and diversity programs in the... Read more »

Evidence of Sexual and Racial Harassment Sends Claims to Trial

?Takeaway: For sexual or racial harassment to be actionable, the conduct complained of need not be severe if it is pervasive. Use of racial slurs, even if undirected at anyone specific, can... Read more »

New Protections for Health Care Workers in New Jersey

?Health care entities, home health care agencies, and staffing registries considering a transaction in New Jersey will need to keep in mind new obligations to certain employees. On Aug. 18, Gov. Phil... Read more »

Whistleblowing Did Not Protect Alleged Harasser from Discharge

?Takeaway: After an employee complains about alleged unlawful conduct by an employer, the employer must proceed cautiously. Even if the employee’s complaint is mistaken and the company is innocent of wrongdoing, the... Read more »
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