The World Health Organization has declared monkeypox to be a health emergency, and several U.S. states have followed suit. Monkeypox is not expected to reach pandemic levels, but employers may wish to review their infectious disease and other relevant workplace ...
Read More »When to use an outside investigator
Eventually, most organizations will face a complaint of wrongdoing involving a company employee, or worse, a company leader. When such complaints arise, the company should respond with a prompt, thorough, and fair investigation. Typically, it’s not a question of whether ...
Read More »EEOC employer sanctions and updated COVID-19 guidance
In July, the Equal Employment Opportunity Commission (EEOC) announced that it had entered into a conciliation agreement with a dermatology practice for violating the Genetic Information Non-Discrimination Act (GINA) after it collected COVID-19 test results for employees’ family members. The ...
Read More »SOX whistleblower retaliation claim fails
Reporting an alleged violation of the Foreign Corrupt Practices Act (FCPA) does not qualify as a “protected activity” under the Sarbanes-Oxley Act (SOX), according to a ruling from a federal appeals court. In Baker v. Smith & Wesson, Inc., a ...
Read More »Take care with attorney-client privilege
Attorney-client privilege recognizes that, in order to provide sound legal advice, an attorney must be fully informed. The privilege doctrine enables clients to be open and transparent with their legal counsel. In some cases, attorney-client privilege can be used to ...
Read More »Worker can sue ex-employer for tortious interference
An aesthetician at a medical spa who opened her own business after being terminated could sue the spa over its actions in attempting to enforce an allegedly void restrictive covenant, a Massachusetts trial court judge has held. The covenant purported ...
Read More »Union petitions and support on the rise
Americans’ support of unions is on the rise, and the number of union petitions has gone up as well — including petitions involving big, well-known companies like Starbucks and Amazon. For many years, membership in unions in the private sector ...
Read More »Managing ‘Roe’ conversations in the workplace
Meta, which owns Facebook and Instagram, told its employees not to engage in open discussion of abortion, including the U.S. Supreme Court’s recent ruling overturning Roe v. Wade. In an internal memo obtained by the New York Times, Meta said ...
Read More »NLRB expanding special relief settlements
When employees have been subjected to discrimination and unfair labor practices, the National Labor Relations Board (NLRB) issues remedies. Historically, those remedies included backpay, reinstatement, and postings in the workplace. However, new guidance from the NLRB has urged their regional ...
Read More »‘Alternate explanation’ sinks suit over ‘Black Lives Matter’ mask ban
While they had pleaded bias claims “conceptually consistent with Title VII,” Whole Foods employees disciplined for wearing Black Lives Matter face masks had not established viable discrimination or retaliation claims, the 1st U.S. Circuit Court of Appeals has affirmed. The ...
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