Take Note

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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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 …

Continue reading “California’s Response to the #MeToo Movement Has Increased the Need for Workplace Investigations”

The #MeToo movement against sexual harassment and sexual assault gained momentum in October 2017 on the heels of sexual misconduct allegations against film producer Harvey Weinstein. In the months following #MeToo, companies and organizations in all industries and sectors have seen a profound, unprecedented and persistent uptick in the number of reported employee complaints.  #MeToo …

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The California Court of Appeal recently confirmed an important principle for attorney workplace investigators and their clients: a workplace investigation conducted pursuant to an attorney-client relationship is privileged although the attorney workplace investigator’s role is limited to factual findings and does not extend to providing legal advice. See City of Petaluma v. Superior Court of …

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