At the 2021 conference for the Society for Human Resource Management, TELG principal R. Scott Oswald gave a presentation on how HR professionals can be at risk of individual liability when there's wrongdoing in the workplace. Scott explained to the audience that jurors typically believe that HR has a responsibility to act when presented with possible wrongdoing.
At the 2021 conference for the Society for Human Resource Management, TELG principal R. Scott Oswald gave a presentation on how HR professionals can help their companies avoid a lawsuit. Scott explained to the audience that how HR gets involved in potential misconduct can have a major effect on resolving employment issues before they need to go to court. Scott offered five main tips, including how to stand up to the boss.
Barron’s spoke with TELG principal Nick Woodfield on President Biden’s new mandate requiring firms with 100 or more employees to require vaccinations or weekly COVID-19 testing. Nick explained that the Occupational Safety and Health Administration (OSHA) has the authority to enforce workplace safety regulations and the new mandate will likely withstand legal challenge.
Following TELG’s trial against AstraZeneca Pharmaceuticals, Human Resources Executive spoke with TELG principal Anita Chambers about recent legal trends. Multiple claims in a case are a common occurrence, Anita explained, and our case representing a former AstraZeneca employee is one such example.
WUSA9 spoke with TELG principal Nicholas Woodfield about the legality of vaccine mandates in the workplace. Nick confirmed that not only can private businesses require a vaccine, but they can also fire employees for refusing to comply.
WUSA9 spoke with TELG principal Tom Harrington about an important concern as people return to shared workplaces during the COVID-19 pandemic: If you are fired for refusing to get a company-required vaccine, can you be denied unemployment benefits? With possible exceptions for disability or religious convictions, Tom explained, the rule is the same as for defiance of any other valid company policy.
The Business Journals spoke with TELG principal Tom Harrington about common questions companies may have when trying to recruit a more diverse workforce.
The Oregonian along with other media reported on a whistleblower retaliation case filed by TELG client Suzanne Ivie, a former sales manager for AstraZeneca Pharmaceuticals. Ms. Ivie was awarded about $2.4 million in damages, following a trial that determined AstraZeneca retaliated against her for reporting possible illegal marketing tactics.
CBS 6 News interviewed TELG principal Nicholas Woodfield about whether employers can require workers to get the COVID-19 vaccine and whether not complying can lead to termination. Nick said a judge would likely side with an employer – even if the employee has an exemption.
CBS 6 News interviewed TELG’S Scott Oswald about whether employers can require in-person workers to get the COVID-19 vaccine. Scott explained that such requirements are generally legal — but noted that employees with certain concerns, especially health-based concerns, should ask for accommodation.
ABC-7's "Good Morning Washington" program sent reporter Kristen Powers to interview TELG's Scott Oswald about protections for D.C.-area employees amid the growing COVID-19 (novel coronavirus) pandemic. In multiple segments over a period of about two hours, Scott addressed the most common employee concerns — with a special focus on the District's just-passed law that provides new ways for workers to get paid even if their employer suspends or ceases operations. IMPORTANT: Workplace laws and rules regarding COVID-19 have been changing rapidly; please consult an employment lawyer for up-to-date advice.
Washingtonian Magazine interviewed TELG's Scott Oswald about the rights that DC-area employees might assert amid the early stages of the COVID-19 (novel coronavirus) pandemic, including a discussion of layoffs, furloughs, and work-at-home orders — and, conversely, orders to continue working despite fear of infection. IMPORTANT: Workplace laws and rules regarding COVID-19 have been changing rapidly; please consult an employment lawyer for up-to-date advice.
TIME published an in-depth article about the ongoing fight by current and former Walmart employees to hold the retail giant accountable for discrimination against women — and prominently featured the stories of two TELG clients who, along with six others, sued Walmart in early May 2019. Lissa Medeiros and Stephanie Chapman told of being paid less than men with less experience, and of being passed over for promotions. Their lawsuit is the latest in a line that stretches back to 2001; the broader dispute already has reached the U.S. Supreme Court once.
Law360 covered an appellate victory by TELG client Julie Reed, whose False Claims Act case against KeyPoint Government Solutions now returns to a federal judge for further analysis. The decision broke new ground in the U.S. Court of Appeals for the Tenth Circuit — sometimes an unforgiving jurisdiction for qui tam relators such as Ms. Reed — by grappling with the law's requirement for relators to "materially add" to information that's already known to the U.S. government. The lower court had said Ms. Reed didn't meet the standard. The Tenth Circuit disagreed, saying that her claims "blaze a new trail."
Law360 covered TELG client Linda Barrick's motion for partial summary judgment in her lawsuit against casino operator Penn National Gaming Inc., which she claims has been diverting dealers' tips into a fund that is improperly distributed — including to employees who were on leave when the tips were given. The fund isn't a valid tip pool under the Fair Labor Standards Act, Ms. Barrick says in her suit, which seeks collective-action status under the FLSA and also makes claims under West Virginia state wage laws.
The Washington Post interviewed TELG's Scott Oswald about President Trump's intention to revoke the security clearance of former CIA director John Brennan. Scott said such a revocation could be challenged because the president had acknowledged that his motivation for the action was "totally political."
Colorado Public Radio interviewed TELG managing principal Scott Oswald about the implications of the U.S. Supreme Court's ruling in favor of a Colorado bakery owner who cited religious reasons for his refusal to sell a wedding cake to a same-sex couple. Scott said the opinion was so case-specific that it didn't change any laws — but he still feared that over-simplified headlines might embolden bigots.
The media in Washington, DC — and well beyond — paid lots of attention when TELG client Nathan Davidheiser was revealed as the whistleblower who alerted authorities to the use of substandard concrete on the Silver Line, an extension of DC's Metro system that remains under construction. In interviews, including with News4, the local NBC station, TELG principal David Scher said he's pleased that the U.S. Department of Justice has chosen to support Mr. Davidheiser's lawsuit.
Bloomberg Environment interviewed TELG's R. Scott Oswald about possible changes to how whistleblower retaliation complaints are handled by the U.S. Occupational Safety and Health Administration. Scott said that OSHA's priority should be to speed up its investigations — and to make it easier for whistleblowers to move their cases to federal court, if they prefer that route.
Law360 interviewed TELG principal Nicholas Woodfield about reports that several federal employees were punished after questioning expenditures by Scott Pruitt, administrator of the U.S. Environmental Protection Agency. Nick said that the employees appear to have a strong basis for claiming illegal whistleblower retaliation, based on media coverage.