Compliance Stuff

Workplace investigations are uniquely high-risk in the staffing industry because the alleged conduct occurs at a client’s worksite, the key witnesses and documents may be controlled by the client, and the worker may be employed by your company but supervised by the client. Add remote work, text messages, chat platforms, and client pressure, and even routine complaints can quickly become a complicated maze.   What should staffing firms do  before  a complaint lands in their inbox? This Insight will cover your five biggest priorities. 1. React Swiftly – But Don’t Rush Speed matters in investigations. Delays can increase legal risk, undermine employee confidence, and make evidence harder to preserve. But moving fast does not mean skipping steps, so make sure you understand the direction you’re going before you launch. 2. Clarify Roles With the Client Immediately One of the mistakes staffing firms make is assuming the client will handle everything, or that the staffing compan...

California employers routinely underestimate cell phone reimbursement. Labor Code section 2802 requires reimbursement for necessary business expenses, including personal cell phone use. The mistake is assuming the obligation only applies when use is substantial. It does not. Any work-related use can trigger reimbursement. A quick call, a text to a supervisor, or logging into a system from a personal device is enough. This is where liability starts to build. Unlimited Plans Do Not Eliminate the Obligation One of the most common missteps is relying on the idea that employees are not incurring additional costs. California law rejects that argument. The issue is not whether the employee pays more out of pocket. The issue is whether the employer has shifted a business expense to the employee. Even with an unlimited plan, employers must reimburse a reasonable percentage of the cost when personal phones are used for work. Policies Are Where Employers Get Into Trouble Many employers either ...

Navigating reasonable accommodations under the Americans with Disabilities Act (ADA) and related state laws can be challenging for employers—particularly on the thorny issues of leave and remote work. The U.S. Court of Appeals for the Fourth Circuit, in the case of  Coffman v. Nexstar Media Inc. , offers some guidance on these topics. Quick Hits The U.S. Court of Appeals for the Fourth Circuit provided guidance in a recent unpublished opinion on leave and remote work as reasonable accommodations under the ADA and West Virginia Human Rights Act. Indefinite leave is not a reasonable accommodation as a matter of law . Remote work is not a reasonable accommodation for an employee who is receiving short-term disability insurance benefits, which typically are awarded only when an employee cannot work at all. Background The employer approved eight weeks of remote work for an account manager experiencing pregnancy complications, followed by twelve weeks of Family and Medical Leave Act (FML...

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...

As deepfake tools and voice cloning become cheaper and more convincing, employers are increasingly encountering a troubling trend: fraudsters using artificial intelligence (AI) to create fake appearances, voices, or profiles to land remote jobs . In addition to the risk of hiring unqualified applicants, the practice raises significant concerns about individuals trying to steal company trade secrets, install malware on company-owned devices, or engage in other subversive activities. Quick Hits Some scammers are using AI to fake their voice and image during video interviews. This trend raises the risk that employers could experience poor performance by unqualified workers, cyberattacks, theft of sensitive data, or embezzlement. Careful hiring strategies can help employers prevent these schemes. The last thing employers want to do is to hire a person with a fake identity—whether the person’s goal is to obtain a job for which they are not qualified, steal data or money, or install spyware ...

Takeaways Employee requests to work from home have become increasingly common, often as a form of reasonable accommodation under the ADA. For employers in the financial services industry, these requests can raise complex questions about security, compliance and the essential functions of a role. Employers can meet multiple objectives by applying a structured, case-by-case approach to work-from-home requests. Article In the post-pandemic workplace, employee requests to work from home have become increasingly common — especially as a form of reasonable accommodation under the Americans with Disabilities Act (ADA) . For employers in the financial services industry, these requests can raise complex questions about security, compliance, and the essential functions of a role. But one thing is clear: a knee-jerk “no” is not the right answer. When an employee requests to work from home due to a disability, the law requires employers to engage in a timely interactive process discussion with the...

On August 13, 2025, the United States District Court for the District of Columbia issued a decision addressing an employer’s obligations under the Americans with Disabilities Act (ADA) in the context of remote work accommodations. The court’s decision presents a cautionary tale for employers with employees working remotely. Quick Hits On August 13, 2025, the United States District Court for the District of Columbia issued a decision highlighting the complexities of ADA compliance in remote work accommodations, emphasizing the need for employers to substantiate claims of essential job functions and undue hardship. The court denied the employer’s summary judgment motion, finding factual disputes regarding the essential nature of in-person job functions and whether the requested remote work accommodation imposed an undue hardship. This decision underscores the importance of individualized assessments, clear documentation, and open communication when handling ADA accommodation requests, pa...