A key part of the new FCRA law (mentioned on the bottom of page 3) bears good news for employers: You no longer need to notify employees suspected of workplace misconduct that they are targets of a third-party investigation. Previously, the feds interpreted FCRA to say that you couldn't use an outside investigator to look into a worker's wrongdoing—including sexual harassment—unless you notified the worker about the investigation. Also, you needed to obtain written OK from the worker prior to launching the probe. The new law exempts certain employee investigations from that prior-approval requirement, including those involving employee misconduct and law violations.
- Feel free to set generous FMLA notice terms, but rely on the law if you wind up in court
- Set up correspondence log tracking all incoming mail, faxes and e-mails
- Reversing FMLA denial doesn't end retaliation claim
- Let it snow: Fed workers can forget unscheduled leave
- Handle soon-to-retire employees with care