Take Note

Evolving Investigations in the New Reality of Covid-19

Despite ongoing shelter-in-place orders around our state, complaints still arise that require workplace investigations. However, as Covid-19 continues to change our world, the nature of complaints is shifting, and new methods of investigation may remain for the foreseeable future. We previously anticipated that with large numbers of employees working remotely and a shrinking economy, employees …

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COVID-19: Investigations Go Remote

We are a week into our new shared reality of sheltering in place, limiting our excursions outside to what is essential, and practicing social distancing, while banding together in community to face an unprecedented pandemic. Our primary concern, and yours, should be the health and wellbeing of loved ones and those in our community who …

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NLRB Reverses Investigative Confidentiality Rule

Late in 2019, the National Labor Relations Board (NLRB) conferred an early Christmas gift on employers by overruling the NLRB’s precedent concerning investigative confidentiality. The NLRB’s new position on this issue should make it easier for employers and investigators to 1) unearth relevant facts while preserving the integrity of an investigation, 2) prevent employees from …

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California’s Response to the #MeToo Movement Has Increased the Need for Workplace Investigations

The #MeToo movement has made headline news over the past few years and more recently has caused California lawmakers to spring into action. Two substantive changes to California law went into effect earlier this year that provide increased protection against harassment for California employees. Workplace investigators are now seeing a notable consequence of these legislative …

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