The latest developments in California employment law, including wrongful termination, wage and hour, breach of contract, discrimination, harassment and retaliation, and trade secrets.
National directory of well-qualified attorneys who conduct internal investigations into compliance concerns, such as EEO, workplace misconduct and Title IX.
Input of Workplace Investigations Group to EEOC advocating for additional example to be added to Best Practices section of the EEOC's Proposed Enforcement on Retaliation and Related Issues
The latest developments in California employment law, including wrongful termination, wage and hour, breach of contract, discrimination, harassment and retaliation, and trade secrets.
National directory of well-qualified attorneys who conduct internal investigations into compliance concerns, such as EEO, workplace misconduct and Title IX.
Input of Workplace Investigations Group to EEOC advocating for additional example to be added to Best Practices section of the EEOC's Proposed Enforcement on Retaliation and Related Issues
The Securities and Exchange Commission (“SEC”) just issued a press release announcing KBR, Inc. has its “first enforcement action against a company for using improperly restrictive language in confidentiality agreements with the potential to stifle the whistleblowing process.”
At issue, was KBR, Inc.’s standard practice of requiring employees interviewed in internal investigations to sign confidentiality statements with the following language:
“I understand that in order to protect the integrity of this review, I am prohibited from discussing any particulars regarding this interview and the subject matter discussed during the interview, without the prior authorization of the Law Department. I understand that the unauthorized disclosure of information may be grounds for disciplinary action up to and including termination of employment.”
The SEC found those terms violated Rule 21F-17, which prohibits companies from taking any action that would impede whistleblowers from reporting possible securities violations to the SEC.
In addition to agreeing to pay a fine of $130,000, KBR, Inc. also agreed to amend its standard confidentiality statement signed by employees interviewed during an internal investigation to read as follows:
“Nothing in this Confidentiality Statement prohibits me from reporting possible violations of federal law or regulation to any governmental agency or entity, including but not limited to the Department of Justice, the Securities and Exchange Commission, the Congress, and any agency Inspector General, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. I do not need the prior authorization of the Law Department to make any such reports or disclosures and I am not required to notify the company that I have made such reports or disclosures.”
To read more visit www.WinWinHR.com
Jury instructions in Ellen Pao v. Kleiner Perkins gender discrimination and retaliation case. Original available at court site: http://www.sfsuperiorcourt.org/sites/default/files/pdfs/PaoJuryInstructions.pdf
Nationwide directory of attorneys who specialize in internal investigations of alleged workplace misconduct, such as harassment, discrimination, bribery, retaliation, fraud, etc.
Federal Judge's order of sanctions against Wal-Mart for its failure to preserve videotape in retaliation and discrimination lawsuit in Atlanta, Georgia.
Wal-Mart settles discrimination and retaliation case following federal judge sanction for its failure to preserve video tape in discrimination and retaliation case.
Motion for Sanctions filed against Wal-Mart for failure to preserve videotape in discrimination and harassment lawsuit in federal court in Atlanta, Georgia
Tips for conducting investigations that employees and other stakeholders trusts. The leverage social media provides employees can be more problematic and immediate than a traditional administrative charge or even a lawsuit. A quick post can negatively impact employee morale, as well as damage recruitment and retention efforts.
Upjohn warnings are named after Upjohn v. United States, 449 U.S. 383 (1981), the case in which the Supreme Court made clear that the corporate attorney-client privilege applied to a much wider group of Constituents than the corporation’s “control group.” For more tips on preserving the privilege click here: http://winwinhr.com/workplace-investigations-tips-templates-for-preserving-the-privilege/
Jury awarded $999,891.70 in back pay and benefits in age discrimination case. Also awarded $500,000 in compensatory damages for emotional distress and found that "IBM knew or showed reckless disregard for whether its termination [of employee] constituted age discrimination."
IBM opposed plaintiff's motion to preclude introduction of the internal investigation conducted by HR. IBM argued that the investigation was directly relevant to IBM's motive in deciding to terminate plaintiff and that the investigation report was admissible as a business record. IBM also argued that it needed the investigation report to defend itself against plaintiff's claim of "willfulness."
61-year old employee claimed IBM's internal investigation by human resources should be precluded from introduction at trial because its probative value was far outweighed by its prejudicial effect and its introduction to the jury would result in confusion and delay.
Federal judge in Connecticut grants plaintiff's motion to preclude introduction of human resources internal workplace investigation because it was not "conducted by a neutral party."
Bass Pro Outdoor World opposes EEOC's argument that federal courts don’t have the power to enforce Title VII’s requirement that the EEOC conciliate in good faith.
EEOC Testimony of Lorene Schaefer. EEOC Public Hearing on the EEOC's Development of a Quality Control Plan for Private Sector Investigations and Conciliations.
Event Report - SAP Sapphire 2024 Orlando - lots of innovation and old challengesHolger Mueller
Holger Mueller of Constellation Research shares his key takeaways from SAP's Sapphire confernece, held in Orlando, June 3rd till 5th 2024, in the Orange Convention Center.
The Securities and Exchange Commission (“SEC”) just issued a press release announcing KBR, Inc. has its “first enforcement action against a company for using improperly restrictive language in confidentiality agreements with the potential to stifle the whistleblowing process.”
At issue, was KBR, Inc.’s standard practice of requiring employees interviewed in internal investigations to sign confidentiality statements with the following language:
“I understand that in order to protect the integrity of this review, I am prohibited from discussing any particulars regarding this interview and the subject matter discussed during the interview, without the prior authorization of the Law Department. I understand that the unauthorized disclosure of information may be grounds for disciplinary action up to and including termination of employment.”
The SEC found those terms violated Rule 21F-17, which prohibits companies from taking any action that would impede whistleblowers from reporting possible securities violations to the SEC.
In addition to agreeing to pay a fine of $130,000, KBR, Inc. also agreed to amend its standard confidentiality statement signed by employees interviewed during an internal investigation to read as follows:
“Nothing in this Confidentiality Statement prohibits me from reporting possible violations of federal law or regulation to any governmental agency or entity, including but not limited to the Department of Justice, the Securities and Exchange Commission, the Congress, and any agency Inspector General, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. I do not need the prior authorization of the Law Department to make any such reports or disclosures and I am not required to notify the company that I have made such reports or disclosures.”
To read more visit www.WinWinHR.com
Jury instructions in Ellen Pao v. Kleiner Perkins gender discrimination and retaliation case. Original available at court site: http://www.sfsuperiorcourt.org/sites/default/files/pdfs/PaoJuryInstructions.pdf
Nationwide directory of attorneys who specialize in internal investigations of alleged workplace misconduct, such as harassment, discrimination, bribery, retaliation, fraud, etc.
Federal Judge's order of sanctions against Wal-Mart for its failure to preserve videotape in retaliation and discrimination lawsuit in Atlanta, Georgia.
Wal-Mart settles discrimination and retaliation case following federal judge sanction for its failure to preserve video tape in discrimination and retaliation case.
Motion for Sanctions filed against Wal-Mart for failure to preserve videotape in discrimination and harassment lawsuit in federal court in Atlanta, Georgia
Tips for conducting investigations that employees and other stakeholders trusts. The leverage social media provides employees can be more problematic and immediate than a traditional administrative charge or even a lawsuit. A quick post can negatively impact employee morale, as well as damage recruitment and retention efforts.
Upjohn warnings are named after Upjohn v. United States, 449 U.S. 383 (1981), the case in which the Supreme Court made clear that the corporate attorney-client privilege applied to a much wider group of Constituents than the corporation’s “control group.” For more tips on preserving the privilege click here: http://winwinhr.com/workplace-investigations-tips-templates-for-preserving-the-privilege/
Jury awarded $999,891.70 in back pay and benefits in age discrimination case. Also awarded $500,000 in compensatory damages for emotional distress and found that "IBM knew or showed reckless disregard for whether its termination [of employee] constituted age discrimination."
IBM opposed plaintiff's motion to preclude introduction of the internal investigation conducted by HR. IBM argued that the investigation was directly relevant to IBM's motive in deciding to terminate plaintiff and that the investigation report was admissible as a business record. IBM also argued that it needed the investigation report to defend itself against plaintiff's claim of "willfulness."
61-year old employee claimed IBM's internal investigation by human resources should be precluded from introduction at trial because its probative value was far outweighed by its prejudicial effect and its introduction to the jury would result in confusion and delay.
Federal judge in Connecticut grants plaintiff's motion to preclude introduction of human resources internal workplace investigation because it was not "conducted by a neutral party."
Bass Pro Outdoor World opposes EEOC's argument that federal courts don’t have the power to enforce Title VII’s requirement that the EEOC conciliate in good faith.
EEOC Testimony of Lorene Schaefer. EEOC Public Hearing on the EEOC's Development of a Quality Control Plan for Private Sector Investigations and Conciliations.
Event Report - SAP Sapphire 2024 Orlando - lots of innovation and old challengesHolger Mueller
Holger Mueller of Constellation Research shares his key takeaways from SAP's Sapphire confernece, held in Orlando, June 3rd till 5th 2024, in the Orange Convention Center.
B2B payments are rapidly changing. Find out the 5 key questions you need to be asking yourself to be sure you are mastering B2B payments today. Learn more at www.BlueSnap.com.
Taurus Zodiac Sign: Unveiling the Traits, Dates, and Horoscope Insights of th...my Pandit
Dive into the steadfast world of the Taurus Zodiac Sign. Discover the grounded, stable, and logical nature of Taurus individuals, and explore their key personality traits, important dates, and horoscope insights. Learn how the determination and patience of the Taurus sign make them the rock-steady achievers and anchors of the zodiac.
The 10 Most Influential Leaders Guiding Corporate Evolution, 2024.pdfthesiliconleaders
In the recent edition, The 10 Most Influential Leaders Guiding Corporate Evolution, 2024, The Silicon Leaders magazine gladly features Dejan Štancer, President of the Global Chamber of Business Leaders (GCBL), along with other leaders.
How to Implement a Real Estate CRM SoftwareSalesTown
To implement a CRM for real estate, set clear goals, choose a CRM with key real estate features, and customize it to your needs. Migrate your data, train your team, and use automation to save time. Monitor performance, ensure data security, and use the CRM to enhance marketing. Regularly check its effectiveness to improve your business.
An introduction to the cryptocurrency investment platform Binance Savings.Any kyc Account
Learn how to use Binance Savings to expand your bitcoin holdings. Discover how to maximize your earnings on one of the most reliable cryptocurrency exchange platforms, as well as how to earn interest on your cryptocurrency holdings and the various savings choices available.
Company Valuation webinar series - Tuesday, 4 June 2024FelixPerez547899
This session provided an update as to the latest valuation data in the UK and then delved into a discussion on the upcoming election and the impacts on valuation. We finished, as always with a Q&A
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Digital Transformation and IT Strategy Toolkit and TemplatesAurelien Domont, MBA
This Digital Transformation and IT Strategy Toolkit was created by ex-McKinsey, Deloitte and BCG Management Consultants, after more than 5,000 hours of work. It is considered the world's best & most comprehensive Digital Transformation and IT Strategy Toolkit. It includes all the Frameworks, Best Practices & Templates required to successfully undertake the Digital Transformation of your organization and define a robust IT Strategy.
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This PowerPoint presentation is only a small preview of our Toolkits. For more details, visit www.domontconsulting.com