After COVID-19, the global shift towards remote and hybrid work models, virtual communication has become the norm amongst organizations. Social media platforms, once considered external to the workplace, now serve as virtual extensions of the office; therefore, harassment incidents may manifest through digital channels. But what happens when an alleged hostile work environment harassment behavior […] The post From the Office to the Internet: Investigating Modern Workplace Harassment appeared first on California Labor Solutions ..read more

Understanding and effectively addressing instances of retaliation within an organization in California is crucial for maintaining a positive work environment and preventing potential legal and financial liability. It is important to proactively address and resolve any instances of retaliation to uphold team morale, foster productivity, and preserve the overall corporate reputation.    What is workplace […] The post Understanding Workplace Retaliation appeared first on California Labor Solutions ..read more

In response to the increasing incidents of workplace violence across the state, the California Legislature is committed to promote workplace safety. This resulted in Senate Bill (SB) 553, which became effective on July 1, 2024, and requires California employers to be proactive about workplace violence prevention.    What SB 553 establishes  SB 553 requires California […] The post The Impact of SB 553 on Workplace Violence Prevention for California Employers appeared first on California Labor Solutions ..read more

When employee complaints arise related to discrimination, harassment, or retaliation, California employers are legally obligated to investigate. Oftentimes, organizations seek an external resource to ensure that the workplace investigation is not only prompt and thorough, but also impartial, objective, and unbiased. However, California law is specific about who is legally authorized to do so; otherwise, the employer and the investigator are exposed to legal liability and financial consequences.     Who can legally perform workplace investigations in California?    Under Ca ..read more

California employers are required to create workplaces free from unlawful discrimination and are obligated to take all reasonable steps to prevent discrimination from occurring and to promptly correct any discriminatory conduct. However, discrimination in the workplace may not be obvious or intentional because certain acts can constitute unlawful discrimination based on their effect, regardless of the motivation. Therefore, employers must protect themselves and reduce the risk of legal liability by understanding discrimination, knowing how to handle employee complaints, and implementing preven ..read more

Although there are clear definitions and legal guidance for harassment and discrimination, according to the Association of Workplace Investigators, bullying conduct is not typically legally prohibited and is often more subjective behavior, which makes it difficult to determine whether there has been bullying behavior at the workplace and what the appropriate corrective actions are.   Therefore, this article guides California employers on identifying and addressing bullying behavior within an organization.     Workplace Bullying Investigations  To effectively addr ..read more

Bullying behavior in the workplace can have multiple serious repercussions for targets and witnesses, such as depression, burnout, and even symptoms associated with Post-Traumatic Stress Disorder (PTSD).   In addition, according to the Association of Workplace Investigators, organizations where employees report bullying behavior often show a reduction in the employees’ work quality and productivity and decreased employee collaboration, safety, loyalty, and retention.   Therefore, external California-licensed investigators are often hired to investigate the alleged bullying ..read more

Although many employees believe that a doctor’s note would automatically excuse their absences from work, a doctor’s note does not justify employees’ absences in all cases.   According to the California Chamber of Commerce, when an employee presents a doctor’s note following an absence, the employer should assess and determine whether the absence should be legally protected, such as under the disability accommodation or family leave laws, or if it just is an unprotected sick day, such as for a cold or medical appointment for a minor ailment.   As a California employer, you ..read more

Employers throughout California continuously realize the importance of conducting prompt, thorough, unbiased, and impartial workplace investigations when employee complaints related to discrimination, harassment, or retaliation arise. When one is received, employers and their legal counsel rely on impartial and unbiased workplace investigations to guarantee a work environment free from hostility to all employees. Furthermore, engaging an impartial third-party investigator avoids real or perceived bias and limits legal liability in litigation cases.     What does impartiality during ..read more

Investigators should consider a record retention policy for investigations, which will be useful in case of litigation, defend the integrity of the investigation, avoid spoliation claims, and maintain efficient and ethical practices that reduce costs.  Although investigators understand that they must retain—and potentially turn over—all documents and electronic information gathered and relied upon during an investigation, many investigators struggle with the retention of documents generated, such as witness interview notes and summaries, and investigation report drafts.  The followin ..read more