Whether routine or highly sensitive, one of the most critical functions of a human resources staff is to conduct fair, comprehensive, and legally compliant workplace employment investigations. Failure to conduct an appropriate investigation can result in crippling liability to an organization. Harmony Solutions conducts employment practices-related investigations with the ultimate goal of providing the client with a well-reasoned conclusion and recommendation supported by fact and documentation – all the while treating the participants in the investigation with respect and empathy. Harmony Solutions is licensed in the State of California to conduct investigations, license number 189680.
Harmony Solutions Respectful Workplace training meets all legal requirements for sexual harassment prevention training, yet it does not come across to employees as “legal” or “compliance focused.” Harmony Solutions strongly believes that if an organization establishes a culture of respect, legal compliance will naturally follow.
Further, by focusing on building a Respectful Workplace, rather than on preventing harassment, employees have no reason to question why the organization felt compelled to provide legal compliance training. Employees – both management and non-management - are typically more open to and accepting of this type of program, as creating a Respectful Workplace is a positive goal shared by all within an organization.
Companies implementing layoffs or furloughs face potential discrimination claims, such as age or race bias, particularly if high-earning or vulnerable employees are disproportionately affected. Decisions on recalling workers may also trigger allegations, especially if certain protected categories are disproportionately impacted. Discrimination risks extend to associations, like prioritizing a male breadwinner over a female worker, leading to legal scrutiny for potentially improper motives.
As employees return to in-person work, safety concerns, particularly related to OSHA guidelines, are likely to increase. The evolving legal landscape and potential safety missteps pose challenges. Whistleblower retaliation claims may arise if employees who report safety concerns face adverse employment actions, creating a legal risk for businesses.
As businesses call for the return to in-person work, reluctance may be observed, particularly among employees vulnerable to COVID-19 due to conditions like compromised immune systems. Requests for remote work as a reasonable accommodation, especially for employees previously allowed to work from home during lockdowns, should be carefully considered to avoid potential risks.
The Families First Coronavirus Response Act (FFCRA) introduced the initial federal mandate for paid sick time, applying to employers with fewer than 500 employees. This new regulation adds to the existing complexity of leave laws at federal, state, and local levels. Alongside claims of improper eligibility determinations and pay miscalculations, there is a potential for allegations of retaliation against employees seeking protected leave.
The abrupt transition to telework has granted employees flexibility in their schedules, but employers may face challenges in accurately recording hours and ensuring compliance with breaks. Potential issues include alleged timecard fraud and claims of unpaid overtime or meal period penalties. Investigating such matters is complicated by the absence of traditional methods, requiring more reliance on digital records like emails for analyzing actual work hours.
Unlawful harassment remains a concern even in remote work settings, with employees possibly overlooking workplace rules. The shift to virtual communication can lead to lapses in judgment, where inappropriate content or behaviors may occur during text, chat, or video conferencing. As businesses reopen, there's a potential rise in harassment claims related to race and national origin, emphasizing the need for thorough and prompt investigations, especially as remote employees may use company hotlines to report concerns.