Surviving Government Workplace Investigations (38-Page Book)
Released June 6, 2013 - Written by William E. Curphey III, Esquire.
See sample pages above for the complete Table Of Contents. Alternatively, here are the main topics covered in this book:
I. General Guidance For Onsite Visits by Investigators
1. Request Credentials
2. Accompany the Investigator
3. Schedule Employee Interviews for a Convenient Time
4. Provide Only Those Records Related to the Investigation
5. Do Not Be Defensive, But Do Not Volunteer Information
6. Consult an Attorney
II. Wage and Hour Division Investigations
1. Inspection Procedures
2. Priority of Inspections
3. Subpoenas
4. Criminal Penalties
5. Civil Penalties
III. Occupational Safety and Health (OSHA) Investigations
1. Initiation of an OSHA Inspection
2. Priority of Inspections
3. Subpoenas
4. Warrants
5. Preparing for an OSHA Inspection
a. Keep Records
b. Focus Your Responses
c. Designate a Spokesperson
6. Inspection Procedures
a. The Opening Conference
b. Trade Secrets
c. Records Inspection
d. Walk-Around Inspection
e. Closing Conference
7. Issuance of Citation - Civil Penalties
8. Criminal Penalties
IV. Equal Employment Opportunity Commission
1. Initiation of a Complaint
2. Investigation Procedures
3. Subpoenas
V. Office Of Federal Contract Compliance Program (OFCCP)
1. Initiation of an Investigation
2. Investigation Priorities
3. Inspection Procedures
a. The Desk Audit
b. On-Site Visit
c. Show Cause Notice
4. Confidentiality
Related Form(s): links to related Forms on this site appear immediately after the below "Author" curriculum vitae.
Related CLE Course: to listen to, and obtain CLE/MCLE credits in those states for which it is listed, please visit our sister site, www.nlfonline.com, click on your state and scroll to this title under the "Employment/Labor Law" heading: "Surviving Government Workplace Inspections".
Author:
William E. Curphey III - Curphey & Badger, P.A., Managing Partner
Bill Curphey started his own practice in 1999 after decades of litigation experience, including work in the government sector for the U.S. Department of Labor, as in-house counsel at aFortune 200 company, and as a partner at a large law firm. Since then, he has watched the practice grow to its present five offices.
Mr. Curphey has tried hundreds of cases over the course of his career. His experience encompasses jury trials for corporate defendants and plaintiffs alike, in both federal and state courts, in cases including complex business disputes, breach of contract including employment contracts, covenants not to compete, sexual harassment, the Americans With Disabilities Act, the Fair Labor Standards Act, and other employment-related matters. He has also successfully handled numerous appeals.
In addition to his active litigation practice, Mr. Curphey also assists clients outside of the courtroom, advising businesses on regulatory compliance, and responding to EEOC, OSHA and other government investigations of the workplace. An accomplished and engaging speaker, he has traveled around the United States and as far as India, the United Kingdom, and the Philippines speaking on such topics as regulatory compliance, how to avoid employment litigation, supervisory skills and negotiation. He has also served as an adjunct professor on labor and employment law at Stetson College of Law and the University of South Florida Graduate School of Business.
Mr. Curphey practices primarily in the areas of Labor and Employment, Civil Rights, and Corporate Law & Litigation. He is admitted to practice by the Florida, Georgia and Ohio State Bars, U.S. District Court for the Northern and Southern District of Ohio, United States District Court for the Northern, Middle and Southern District of Florida, 6th Circuit Court of Appeals, 11th Circuit Court of Appeals and the United States Supreme Court.
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