Fair Pay And Safe Workplaces Executive Order Moving Forward And The NLRB Is On BoardFair Pay And Safe Workplaces Executive Order Moving Forward And The NLRB Is On Board

Earlier this year, the final rule and guidance regarding President Obama’s controversial Fair Pay and Safe Workplaces (also known as the “Blacklisting”) executive order — which requires companies and organizations seeking government contracts in amounts of $500,000 or more to disclose past alleged violations of federal and state labor and employment laws — was sent to the Office of Management and Budget for review and approval. This action means that the final rule is […]

By | July 22nd, 2016 ||

Maintaining legal professional privilege in workplace investigations

A number of court decisions have demonstrated the difficulty of maintaining legal professional privilege (LPP) over workplace investigation reports relating to employee misconduct. However, a recent case provides a good example of how to maintain legal professional privilege – and use it to your advantage.

Legal professional privilege applies to confidential communications between a client and their legal advisers that are created for the dominant purpose of providing legal advice or being used in litigation. […]

By | July 20th, 2016 ||

Department Of Labor Increases Penalties For Certain ERISA Violations

The U.S. Department of Labor (DOL) published on July 1, 2016, an interim final rule adjusting the civil monetary penalties that it can enforce. These adjustments are the result of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act) whereby federal agencies were directed to adjust their civil monetary penalties for inflation each year.

Before the Inflation Adjustment Act, the DOL had not changed many of the civil monetary penalties […]

By | July 18th, 2016 ||