Compliance Stuff

Workplace investigations are a balancing act. On one side is the employer’s obligation to promptly and thoroughly investigate alleged misconduct. On the other is the respondent’s expectation of fairness, and particularly the right to be informed about the allegations against them so they can meaningfully respond. Get that balance wrong, and employers risk claims of procedural unfairness, labor violations, or compromised investigations. Get it right, and investigations are more defensible, more effective, and more likely to withstand scrutiny. The questions employers routinely face are deceptively simple: how much notice is a respondent entitled to, and when must it be provided? The answer, as with many employment law issues, is “It depends.” The scope and timing of notice vary significantly based on the workplace setting, whether the employee is represented, and whether special statutory protections apply. Notice as a Baseline Principle As a general matter, respondents in workplace inv...

In  Lomibao v. AGC Biologics, Inc. , No. 25-cv-00361 (February 5, 2026), the U.S. District Court for the Western District of Washington ruled that a f ormer employee’s Fair Labor Standards Act (FLSA) claims were validly released through a private separation agreement executed at the time of his employment termination. Central to the court’s holding was its rejection of the plaintiff’s argument that FLSA rights can never be waived by contract—a question that has divided federal courts and has significant implications for employers using severance agreements to resolve potential wage-and-hour claims. 0:00 7:30 Quick Hits The U.S. District Court for the Western District of Washington recently granted summary judgment to an employer, holding that the plaintiff’s FLSA and Washington state wage claims were barred by a valid separation agreement and release . The court rejected the argument that FLSA rights can never be waived by contract, finding no binding authority or statutory text t...

In December 2025, the U.S. Postal Service (USPS) adopted a new rule for postmarks so that they may indicate the processing date, instead of the date the post office took custody of the item. Employers may want to note this new postmark rule so that they don’t violate their legal notice requirements concerning their employee benefit plans. Quick Hits The USPS recently changed a rule so that postmarks may reflect the processing date, rather than the date a post office obtained a letter or package. The new rule could lead to fines for employers if mandatory notices concerning employee benefit plans are deemed late. Electronically sending mandatory notices can help to meet a legal deadline, if the recipient has agreed to electronic communications. Under federal laws like the Employee Retirement Income Security Act (ERISA), the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), the Health Insurance Portability and Accountability Act (HIPAA), and the Affordable Care Act (ACA) ,...

On February 17, 2026, California Assembly Member Pilar Schiavo introduced  California Assembly Bill 2021  (AB 2021), which would amend the California Consumer Privacy Act of 2018 (CCPA) to create a formal whistleblower complaint and award program administered by the California Privacy Protection Agency (CalPrivacy). The concept of a whistleblower program was first discussed at CalPrivacy’s Board meeting in late 2025 and could have significant implications for companies doing business in California. AB 2021’s Whistleblower Regime If passed, AB 2021 would establish a program for individuals to submit whistleblower complaints to CalPrivacy regarding companies’ privacy practices. CalPrivacy could then designate those complaints for administrative enforcement. If the administrative enforcement process were to result in a monetary settlement or penalty, an eligible whistleblower could potentially receive an award between 15 and 33 percent of collected fines or settlement proceeds. N...