Joseph Brown

Joseph Brown

Hodgson Russ LLP

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Latest Publications


Second Circuit Holds that Internal Complaints Suffice Under the FLSA’s Anti-Retaliation Provision

In a unanimous decision, the Second Circuit ruled on April 20 that internal complaints to an employer are protected from retaliation under the Fair Labor Standards Act (FLSA). Employers within the Second Circuit — New York,...more

4/23/2015 - Anti-Retaliation Provisions Appeals Best Management Practices Employer Liability Issues FLSA Internal Reporting Retaliation

How Should an Employer Respond to an Employee’s False EEOC Charge?

Some employers have the urge to immediately terminate an employee who has made an unfounded discrimination complaint. In other situations, an employer may gather more information but decide not to discipline. ...more

9/10/2014 - Discrimination EEOC Employer Liability Issues Retaliation Termination

New York’s Court of Appeals Makes it Easier to Plead Whistleblower Law Claims

In a decision handed down last week, New York’s highest court ruled that a whistleblower need not plead the specific “law, rule or regulation” the employer allegedly violated to state a cause of action under New York’s...more

5/23/2014 - Corporate Counsel Retaliation Sarbanes-Oxley Whistleblower Protection Policies Whistleblowers

Warning: An EEOC Position Statement Can and Will Be Used Against Your Company

Why was an employee fired? Was it the company’s change in business focus that rendered the employee’s skill set obsolete? A position statement to the EEOC or a state agency that articulates the employer’s reasons in a poorly...more

12/30/2013 - But For Causation Corporate Counsel EEOC Hiring & Firing Retaliation

Court Finds the Simple Click of a Facebook “Like” Button Is Protected Speech

Last week, the U.S. Court of Appeals for the Fourth Circuit ruled that Facebook “likes” are a form of speech entitled to First Amendment protection. While this ruling has no direct impact on private employers in New York, the...more

9/24/2013 - Employee Rights Facebook First Amendment Free Speech Social Media

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