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David A. NenniBlog Posts

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Alaska Supreme Court Cools Down Standard for Establishing State Law Wage & Hour Exemptions

Answering the first of two certified questions from an Alaska federal court and overturning nearly 30-year-old precedent, the Alaska Supreme Court has held that an employer need only establish an exemption under the Alaska Wage and Hour Act by a “preponderance of the evidence,” rather than “beyond a reasonable doubt.” Buntin v. 00073 Tmb Schlumberger...… Continue Reading
June 15, 2021

Maintaining Standard Procedures Related to Employee Complaints Amid COVID-19

Amid an everchanging legal landscape resulting from the spread of COVID-19, employers must remain mindful of properly responding to and addressing complaints expressed by employees. In response to the spread of COVID-19, many states have ordered non-essential businesses to close.  States are encouraging employers to allow employees to work remotely wherever possible.  Some employees with...… Continue Reading
March 26, 2020

Who is the Audience for an Internal Investigation Report?

Too often, internal investigators mistakenly conclude that their reports are for the exclusive review of decision-makers.  Sometimes, this may be true.  However, more often than not, there are two audiences of which an investigator should be mindful – a primary audience and a secondary audience. The primary audience is the immediate recipient(s) of the report. ...… Continue Reading
November 12, 2019

Guideposts for Successful Internal Investigations: Part 2 – Commencing and Concluding the Investigation

Part 1 of this two-part series explored the five steps to consider before and at the start of any internal investigation. The next five steps focus on conducting and concluding the investigation and will help guide a company during the actual investigation, after establishing its framework. Gather Information. The investigator should: (a) assess the complaint...… Continue Reading
February 28, 2019

Guideposts for Successful Internal Investigations: Part 1 – Establishing an Investigation’s Framework

The ability to effectively conduct internal investigations is essential to any business. From fiscal year 2014 to fiscal year 2018, the number of whistleblower retaliation complaints filed with OSHA has increased by 29 percent. Between 2007 and 2017, retaliation claims filed with the EEOC nearly doubled. In fiscal years 2017 and 2018, the Justice Department...… Continue Reading
February 27, 2019

Ex-GC Awarded $8 Million For Retaliatory Firing

Written by David A. Nenni and Jessica L. Sussman A California federal jury awarded Sanford Wadler, former General Counsel of Bio-Rad Laboratories, $8 million for his claims against his former employer under the whistleblower provisions of Sarbanes-Oxley (SOX) and the Dodd-Frank Acts (DFA). This case implicates a number of key issues confronting companies and their … Continue Reading
February 7, 2017

Ohio Means Business: New Law Prohibits Cities and Counties From Enacting Paid Sick Leave, Predictive Scheduling, and Minimum Wage Laws

Imagine you operate multiple business locations in Columbus, Ohio where 3 counties comprise the city proper and as many as 11 counties comprise the larger Columbus Metropolitan Area. Now imagine that each of those counties adopts their own local ordinance requiring paid sick leave as well as advance notice (and extra pay) to employees before … Continue Reading
January 6, 2017

Ohio Means Business: New Law Prohibits Cities and Counties From Enacting Paid Sick Leave, Predictive Scheduling, and Minimum Wage Laws

Imagine you operate multiple business locations in Columbus, Ohio where 3 counties comprise the city proper and as many as 11 counties comprise the larger Columbus Metropolitan Area. Now imagine that each of those counties adopts their own local ordinance requiring paid sick leave as well as advance notice (and extra pay) to employees before … Continue Reading The post Ohio Means Business: New Law Prohibits Cities and Counties From Enacting Paid Sick Leave, Predictive Scheduling, and Minimum Wage Laws appeared first on Disability, Leave & Health Management Blog.
January 3, 2017