On July 16, 2020, the Washington Post published an expose about the Washington Redskins organization’s problematic workplace culture.  Fifteen female former employees told the Washington Post they were harassed during their time with the NFL football team.  The allegations cover the years 2006 to 2019.  According to the Post, the misconduct included sexual comments, verbal abuse, uninvited physical contact, flirting, and other improper conduct.

California was easing into the third stage of Governor Gavin Newson’s four-stage plan to gradually reopen the state amid the COVID-19 pandemic. However, on Monday July 13, 2020, Governor Newsom issued directives requiring the re-closure of restaurants, movie theaters, family entertainment centers, wineries, zoos and bars for indoor service. Additional sectors were closed in 31 counties.

Amongst workplace investigators, few topics are more heavily debated than whether it is best practice to record witness interviews.  Even the Association of Workplace Investigators (AWI) acknowledges the debate.  At AWI conferences, for instance, leadership often jokingly responds to participants’ questions about the topic by saying, “Let’s take up the topic at happy hour tonight!”

Workplace investigators are accustomed to writing. 50-page report? 75-page report? Not a problem. Writing detailed, comprehensive investigative reports is what we do. On the other hand, workplace investigators are less accustomed to providing findings to clients without a report – commonly referred to in our industry as “verbal findings” or “oral debriefs.”

As California continues on its path to reopening under the state’s four-stage plan, the workplace faces change and opportunity. Should employers permit employees to return to the workplace and, if so, under what guidelines? When is the appropriate time to ask employees to return to the workplace?

California is currently in the second stage of Governor Gavin Newsom’s four-stage plan to gradually reopen the state amid the COVID-19 pandemic. During this stage, lower risk workplaces, including business offices, may reopen with modifications to protect public health and safety.

On June 5, 2020, California Governor Gavin Newsom announced that schools, day camps, bars, gyms, campgrounds and professional sports may begin reopening with modifications. This is another step towards reopening California amidst COVID-19. Nonetheless, the process is not complete. Many non-essential workers continue to work remotely fulltime.

On Wednesday, May 6, 2020, the Department of Education (DOE) released their new Title IX regulations. Clocking in at 2,033 pages (not a typo – 2,033 pages), many of us in the educational field continue to comb through them to understand schools’ new responsibilities. The regulations are effective August 14, 2020.

Shortly before the COVID-19 pandemic became national news, my coworker and I joked about leaving our office for the day to start our “second shift” – caring for our children, spouses, and homes when we got home from work. Shortly thereafter, the shelter-in-place order went into effect and suddenly my “second shift” collided with my day job.

During these difficult times, a compassionate and responsive community is a source of comfort. Across the country, individuals, businesses, and communities are collaborating in unprecedented ways to give to those impacted by COVID-19. The outpouring of empathy, generosity, and ingenuity leaves us at VM Law with a profound sense of gratitude.

The impact of COVID-19 continues to fundamentally alter the American workplace. Remote workers are the norm, furloughs are unavoidable in certain sectors, and employers considered “essential” are struggling to maintain productivity whilst preserving a positive workplace culture.

These changes will carry over and impact the way workplace investigators do their jobs, too.

Surreal times. Face masks, gloves, home confinement, closed offices, and brave essential workers. COVID-19 has rapidly altered the American workplace. Employers – particularly Human Resources professionals – are grappling with a host of difficult issues. How to monitor a remote workplace, how to keep employees safe, how to manage the return to the workplace, to name a few.

It is 3:00 in the morning. Your investigative report is due. It is the eleventh hour. You stare anxiously at the blank Word document – the cursor blinking at you – almost as if to mock your current predicament. We have all been here once or twice, even under normal circumstances. But with the ongoing change and uncertainty of the current COVID-19 crisis, the risk of facing that blank space seems more real than ever.

In this video, Sue Ann Van Dermyden discusses how neutral workplace and campus investigations allow her to marry her love of people with her passion for the law. She also highlights our Firm's commitment to McGeorge School of Law through participation in the Alumni Advisor Network and through hiring recent graduates.

The upheaval caused by COVID-19 continues to impact workplace investigations. Personally, many are suffering from illness, isolation and loss of income. Professionally, agencies are struggling to respond to COVID-19 while adhering to statutory deadlines and mandates.

As workplaces adjust to COVID-19, it may become harder for employers to keep a pulse on employee morale. Are people happy working from home? Do workers understand their responsibilities as remote employees? Is there going to be a decline in employee work performance?

In this video, Senior Partner Sue Ann Van Dermyden sends a message of calm and confidence during this unprecedented time. She shares two useful tips for coping with the rapid changes of COVID-19 and reassures clients and colleagues that at VMLC, we remain available to conduct investigations.

Life continues to change for Americans amid the rising Covid-19 concerns. Cities across the country have received shelter in place orders. Employers are directing staff to work remotely. Schools are closed, leaving children at home for an undetermined time.

The impact of COVID-19 continues to dominate headlines. On March 11, 2020, the World Health Organization officially declared the viral disease COVID-19 a pandemic. In California, as well as in other states, communities responded by issuing stay-at-home lockdown orders. Schools are closed, employees are furloughed or working at home, and public gatherings are a thing of the past.

This is our new normal.

Seemingly overnight, the world has changed. Resist the friendly handshake. Forego the group gathering. Cancel travel plans. The new normal – social distancing. As the United States, and the world, reacts to COVID-19, so too must workplace investigators. On March 11, 2020, the World Health Organization officially declared the viral disease COVID-19 a pandemic. In the United States, COVID-19 cases continue to rise, causing significant disruptions to day-to-day life.