Articles
Navigating the Maze: The Complexities of Privileged Employment Investigations
In today's complex business landscape, employers find themselves navigating a careful balancing act when conducting workplace investigations. While attorney-client privilege can offer protection, it also presents unique challenges. Let's dive into the intricacies of...
Behind the Curtain: Employers Weigh In On How Workplace Investigators Can Be More Effective
As external investigators, we often have our own ideas about what constitutes a prompt, thorough, and impartial investigation. At the same time, we are conducting investigations on behalf of employers with their own practices, methods, and expectations concerning the...
The Workplace and Investigations in the Post-Pandemic Era
Since the pandemic, the workforce has evolved in several ways: The balance of power has shifted in favor of employees, who expect more from their employers and are no longer willing to settle for less. Employees put more of premium on work/life balance and preserving...
California Right to Disconnect Bill: A Comprehensive Guide to AB 2751
With the rise of remote work, our professional and personal lives have increasingly intermingled. Recognizing the new premium placed on work-life balance, France, Germany, Italy, and Belgium have enacted laws that grant workers the right to disconnect. Now, California...
Top 6 Reasons to Engage With an Outside Investigator When There are Workplace Complaints
When confronted with an employee complaint of discrimination, harassment or retaliation, employers have a duty under the law to investigate the complaint and take prompt remedial action to end the misconduct. The Equal Employment Opportunity Commission (the “EEOC”)...
Navigating The AI Frontier: Employers and The Challenge of Deepfakes
In an era when digital deception can be almost indistinguishable from reality, the rise of deepfake technology presents a unique challenge to employers when conducting ethical and effective workplace investigations. Deepfakes are false videos, images, or audio...
Understanding California’s SB 553: Workplace Violence Prevention
Enacted with the aim of bolstering safety standards, SB 553 focuses on the prevention and management of workplace violence. Effective July 1, 2024, most California employers must implement a comprehensive workplace prevention plan, and train employees annually on...
EEOC Reaches Settlement Agreement Over Allegations of Software Programmed to Reject Job Applicants Based on Age
The news of the U.S. Equal Employment Opportunity Commission’s recent settlement agreement with iTutorGroup for $365,000 has been making headlines, and for good reason. The settlement involves allegations that iTutorGroup programmed its software to automatically...
EEOC’s Guide to Navigating AI and Preventing Discrimination in Hiring
EEOC's Guide to Navigating AI and Preventing Discrimination in Hiring: In May 2023, the U.S. Equal Employment Opportunity Commission (EEOC) dropped some knowledge bombs for all you folks out there dabbling in the wizardry of artificial intelligence (AI) during your...
NYC Takes the Reins on AI Use in the Workplace
AI use in the workplace: In the ever-evolving world of employment law, AI is now a key player in making hiring and promotion decisions. But let's get one thing straight: letting AI do the heavy lifting doesn't mean employers can just sit back and sip cocktails while...
Robot HR: Is AI (Artificial Intelligence) Affecting Recruitment Efforts for Better or for Worse?
Artificial Intelligence is beginning to permeate our lives, both on a personal and professional level. The technology is developing at a clip speed, while the law is slowly catching up. One area we are seeing AI emerging is in the workplace as employers begin adopting...
New California Law Heightens Cannabis-Use Protections for Employees and Job Applicants
Since 2016 when California legalized recreational cannabis use, there has been confusion about how off-duty cannabis (i.e., marijuana) use should affect employment policies. A new California law, AB 2188, addresses these issues surrounding employee cannabis use (along...