Compliance Stuff

A workplace investigation is a structured process used by employers to gather facts, evaluate evidence, and determine whether an employee’s conduct or organizational practices violate internal policies and/or applicable laws. Investigations serve as a critical compliance tool, particularly in connection with allegations of discrimination, harassment, retaliation, safety violations, and other forms of employee misconduct. I nvestigations also provide employers with an opportunity to demonstrate good-faith efforts to prevent and correct improper behavior, a factor that courts and governmental agencies consider when evaluating employment claims and actions. Beyond the courts or agencies, well-handled workplace investigations r einforce workplace standards, promote accountability, and help maintain employee trust in organizational processes . At the same time, not every workplace complaint requires a formal investigation . Overusing investigations can drain resources and create unnecessar...

The year 2026 is shaping up to be a critical year for employers. With new regulations, emerging technologies, and shifting cultural expectations, staying up to date with evolving legal issues is more important than ever. Below are six critical issues every employer should have on their radar this year and practical steps to prepare. 1. Diversity, Equity, and Inclusion (DEI) & Equal Employment Opportunity The Equal Employment Opportunity Commission (EEOC) will begin 2026 with a quorum and is poised to look to modify or rescind its  Strategic Enforcement Plan  and  Strategic Plan . Less than a month ago, EEOC Chair Andrea Lucas encouraged white men, specifically, to file claims with the agency if they believe they have been discriminated against due to their race or sex. Employers should expect an increase in litigation filed by this group and others in the traditional majority alleging hostile work environment and failure to accommodate on the basis of religion. The EE...

Artificial intelligence (AI) is now part of daily life, powering customer service chatbots, virtual assistants like Siri and Alexa, automated email responses, and personalized shopping recommendations. But as these systems get smarter, they need ever-larger amounts of data to learn, often drawing on copyrighted books and creative works. This has led to new legal battles over whether AI companies are crossing the line into copyright infringement, or whether their use of these materials to train large language models qualifies as “fair use.” Meta’s Fair Use Win: The Importance of Market Impact One of the most closely watched cases in this area is  Kadrey v. Meta Platforms, Inc. , involving Meta (Facebook’s parent company) and its AI model “Llama.” The authors who brought the lawsuit argued that Meta used their books to train its AI without permission and that this would harm their ability to license their works in the future . The court approached the issue by carefully considering t...