Amid an everchanging legal landscape resulting from the spread of COVID-19, employers must remain mindful of properly responding to and addressing complaints expressed by employees.
In response to the spread of COVID-19, many states have ordered non-essential businesses to close. States are encouraging employers to allow employees to work remotely wherever possible. Some employees with…
Too often, internal investigators mistakenly conclude that their reports are for the exclusive review of decision-makers. Sometimes, this may be true. However, more often than not, there are two audiences of which an investigator should be mindful – a primary audience and a secondary audience.
The primary audience is the immediate recipient(s) of the report. …
Part 1 of this two-part series explored the five steps to consider before and at the start of any internal investigation.
The next five steps focus on conducting and concluding the investigation and will help guide a company during the actual investigation, after establishing its framework.
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The ability to effectively conduct internal investigations is essential to any business.
From fiscal year 2014 to fiscal year 2018, the number of whistleblower retaliation complaints filed with OSHA has increased by 29 percent. Between 2007 and 2017, retaliation claims filed with the EEOC nearly doubled. In fiscal years 2017 and 2018, the Justice…
A California federal jury awarded Sanford Wadler, former General Counsel of Bio-Rad Laboratories, $8 million for his claims against his former employer under the whistleblower provisions of Sarbanes-Oxley (SOX) and the Dodd-Frank Acts (DFA). This case implicates a number of key issues confronting companies and their in-house legal teams, including: (1) protections and scope of…
While the primary goal for employers should be avoiding employment retaliation claims in the first instance, when an employer is faced with such a claim under the Consumer Financial Protection Act of 2010 (CFPA), it has the Department of Labor’s basic procedural road map as a guide to what to expect.
On April 3, 2014,…
