Investigations/Inspections

By Raymond C. Baldwin and Christine Mary Costantino

Seyfarth Synopsis: The Fourth Circuit recently found that reducing a current employee’s voluntary overtime opportunities – despite the absence of a reduction in overall income – could be considered a tangible or materially adverse employment action sufficient to support a claim for retaliation and potentially foreclose an employer’s ability to rely
Continue Reading Fourth Circuit Ruling Provides Cautionary Tale for Employers Managing Internal Harassment Complaints and Investigations

By Benjamin D. Briggs, Patrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: OSHA has just reminded temporary staffing agencies and their clients (i.e., host employers) that they are jointly responsible for a temporary employee’s safety and health in two new guidance documents relating to respiratory protection, noise exposure, and hearing conservation. Temporary agencies and host employers
Continue Reading OSHA Releases Two New Temporary Worker Guidance Documents

By Uma Chandrasekaran, Kyle Petersen, and Megan P. Toth

Seyfarth Synopsis: In this February 1, 2018, hot-topic webinar, we will provide a roadmap for conducting legally compliant and effective sexual harassment investigations. There is no cost to attend this program, but registration is required.   

Over the past few months, news headlines have been dominated by sexual harassment allegations
Continue Reading Webinar – Best Practices for Investigating and Addressing Sexual Harassment Complaints in the Workplace (Sign Up to Reserve Your Spot!)

By Uma Chandrasekaran and Kyle Petersen

Seyfarth  Synopsis: In this February 1, 2018, hot-topic webinar, we will provide a roadmap for conducting legally compliant and effective sexual harassment investigations. There is no cost to attend this program, but registration is required.   

Over the past few months, news headlines have been dominated by sexual harassment allegations involving high profile celebrities. Sexual
Continue Reading Webinar – Best Practices for Investigating and Addressing Sexual Harassment Complaints in the Workplace

By Erin Dougherty Foley and John P. Phillips

Seyfarth Synopsis: A recent decision out of the U.S. District Court for the District of Columbia serves as a helpful reminder on the difficulties of maintaining privilege during internal company investigations.  But with a clear understanding of the limitations of the attorney-client privilege, thoughtful preparation of the investigation’s goals, and pro-active
Continue Reading Got Privilege? When It Comes to Internal Investigations, Think Again …

By Steve Shardonofsky and John P. Phillips

Time WarpSeyfarth Synopsis:  The U.S. Fifth Circuit Court of Appeals recently held for the first time that the continuing violation doctrine applies even when a plaintiff was subject to harassment that was severe enough to put the employee on notice of the duty to file a complaint.  The lower court will now consider conduct
Continue Reading Fifth Circuit Warps Time In Decision On The Continuing Violation Doctrine

By Wan Li, Andrew S. Boutros, Kay R. Bonza, and Craig B. Simonsen

Seyfarth Synopsis: The Chinese Ministry of Environmental Protection has just announced criminal, civil, and administrative enforcement statistics, and put companies on notice that those who violate environmental laws and rules may face blacklisting, including restrictions to their future business endeavors.

We have previously written
Continue Reading New Eye-Popping Statistics: Multinationals Operating in China Should be Aware of Increased Enforcement of Chinese Environmental Laws as Well as the Potential for Blacklisting

By Adam R. Young and Craig B. Simonsen

Violence, often involving firearms, is an increasingly common occurrence in the 21st century workplace.  The Federal Bureau of Investigation notes that even though homicide is “the most publicized form of violence in the workplace, it is not the most common.”

The FBI defines workplace violence as “any physical assault, threatening behavior or
Continue Reading Workplace Violence Prevention: DHS Promotes “Active Shooter Preparedness” Programs – Is Your Company Ready?

By Hillary J. Massey

iStock_000048141232_LargeEmployees’ social media activities often play a key role in workplace investigations.

For example, an employee may complain that a coworker sent a harassing Facebook message or posted something offensive on Twitter regarding race, religion, or disability. Employers handling investigations into such conduct should be aware that state laws may restrict employers’ requests for information about
Continue Reading Questions Remain About Social Media Privacy Rights During Workplace Investigations

bogBy Mark A. Lies, II and Craig B. Simonsen

Employers today can find themselves in a seemingly untenable dilemma when they have violence threaten to invade their workplaces.  Two recent cases illustrate the competing liabilities that employers face in their decision-making as to how to respond to workplace violence.

In one case, decided by the United States Court of Appeals
Continue Reading Workplace Violence – Putting Employers on the Horns of a Dilemma