Anti-Retaliation Provisions

News & Analysis as of

Paid Sick Leave Is Coming to Chicago: Mark Your Calendars for July 1, 2017

An ordinance mandating paid sick leave for Chicago employees, first introduced in April, passed before the City Council on Wednesday, June 22, 2016. Chicago will now join the growing list of cities with similar laws on the...more

New OSHA rules on drug-testing, retaliation claims, and accident reporting

Seyfarth Synopsis: OSHA’s new final rules call into question mandatory post-accident drug screenings and safety incentive programs, open the door to new retaliation citations, and will require employers to post OSHA logs...more

Chicago to Become the Second City in the Midwest to Mandate Paid Sick Leave in 2016

On June 22, 2016, the Chicago City Council unanimously passed the Chicago Minimum Wage and Paid Sick Leave Ordinance (the “Ordinance”).  Chicago is the second city in the Midwest this year to pass a law granting employees...more

Beginning July 1, 2016, Employees Working in the City of Los Angeles Will Gain Enhanced Paid Sick Leave Rights

On June 2, 2016, Los Angeles Mayor Eric Garcetti signed into law Ordinance Nos. 184319 and 184320 (“Ordinances”), which create enhanced paid sick leave rights for employees working within the City of Los Angeles. Beginning on...more

OSHA Announces New Enforcement Program for Whistleblower Cases

The “pilot” Severe Violator Enforcement Program will impose more stringent inspection procedures, enhanced settlement provisions, and “public scrutiny” for employers that OSHA deems to have engaged in “egregious behavior and...more

Five Issues Employers Should Consider with OSHA’s New Workplace Injuries and Illnesses Reporting Rule

The Occupational Safety and Health Administration (“OSHA”) recently released its final rule revising the Recording and Reporting Occupational Injuries and Illnesses regulations. Employers should not be taken in by the benign...more

OSHA New Rules Address Post-Accident Drug Testing, Retaliation Claims, and Electronic Injury/Illness Reporting

Seyfarth Synopsis: OSHA’s new final rules call into question mandatory post-accident drug screenings and safety incentive programs, open the door to new retaliation citations, and will require employers to post OSHA logs...more

The Employment Law Authority - May/June 2016

The minimum salary threshold to qualify for the executive, administrative, and professional exemptions to the Fair Labor Standards Act (FLSA) will more than double on December 1, 2016, from $23,660 per year to $47,476 per...more

Employers Should Evaluate Safety Incentive Programs and Drug Testing Policies in Light of New OSHA Rule

The Occupational Safety and Health Administration (OSHA) recently published a final rule revising its recordkeeping and reporting regulation to specifically state that employer policies for reporting workplace injuries and...more

Steps to Keep OSHA from Raising the Retaliation Issue

OSHA’s new anti-retaliation provisions go into effect on August 10, 2016. The provisions require employers to: 1) inform employees of their right to report work-related injuries and illnesses without being subjected to...more

Court-Sanctioned Employee Theft? Self-Help Discovery May Be Protected Activity In Discrimination Cases

Recently in Verdrager v. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., No. SJC-11901, 2015 WL 10937776 (Mass. May 31, 2016), the Supreme Judicial Court of Massachusetts held, as a matter of first impression, that...more

Are Higher Wages Coming To A City or County Near You? The Minimum Wage Legislation Trend As Told By California

From city to county to state, in the past three years, Californians have witnessed extensive propagation of minimum wage legislation at the local level. After staying silent for several years, the upper echelons of...more

Los Angeles Implements Paid Sick Leave Policy That Doubles State Mandate

On June 1, 2016, the Los Angeles City Council finalized the City’s paid sick leave ordinance. Effective July 1, 2016, Los Angeles employers with 26 or more employees must provide employees with paid sick leave benefits, while...more

OSHA's Final Rule – Tracking Workplace Injuries and Illnesses

The Occupational Safety and Health Administration (OSHA) has issued its final rule to improve tracking of workplace injury and illness data. The new rule, which generally takes effect on January 1, 2017, changes prior...more

Employers Shielded as Ohio Legalizes Medical Marijuana

It’s official – Ohio is the 26th state to legalize medical marijuana. Governor Kasich has signed House Bill 523, which becomes effective September 6, 2016. At that time, Ohioans can expect that residents with a qualifying...more

How to Simplify Your Code of Conduct Attestation Language

What does your code of conduct acknowledgement process look like? If your annual attestation language is long, confusing or overly complicated, you run the risk of alienating your employees—and missing an opportunity to...more

SuperVision Today - June 2016

In this edition of SuperVision Today, Erin Jones Adams previews some major issues in avoiding liability in the emerging area of treatment of members of the LGBT community. Carrie Harris takes a look at the latest in the...more

Colorado Employers: New Pregnancy Accommodation Law Prohibits Discrimination, Requires Reasonable Accommodations

On June 1st, Colorado Governor John Hickenlooper signed a bill that requires employers to provide reasonable accommodations for pregnancy, childbirth, and related conditions. This law goes into effect on August 10, 2016....more

Colorado Expands Anti-Discrimination Act With Pregnant Workers Fairness Act

On June 1, 2016, Colorado Governor John Hickenlooper signed into law Colorado’s Pregnant Workers Fairness Act. The act, which becomes effective on August 10, 2016, amends the Colorado Anti-Discrimination Act (CADA) and...more

OSHA Issues Workplace Injury Reporting Rule

On May 11, 2016, the Occupational Safety and Health Administration (OSHA) finalized a rule that requires employers to electronically submit certain information about workplace injuries and illnesses. Moreover, the rule...more

OSHA Requires Electronic Submission and Public Posting of Injury Data

The federal Occupational Safety & Health Administration (OSHA) issued a Final Rule on May 12, 2016 that requires certain employers to annually submit injury and illness data electronically to OSHA. OSHA will then make such...more

Employee’s Self-Help Discovery May Be Protected Activity Under Massachusetts Anti-Retaliation Law

On May 31, 2016, the Supreme Judicial Court of Massachusetts held in Verdrager v. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C. that an employee’s accessing, copying and forwarding of an employer’s confidential documents...more

New OSHA Recordkeeping and Reporting Rule Mandates Electronic Submission, Online Publication of Employee Injuries

The Occupational Safety and Health Administration (“OSHA”) recently finalized a new rule governing injury and illness recordkeeping and reporting.1 Beginning in 2017, employers with 250 or more employees, and “high-risk”...more

Transgender Accommodation Issues at the Forefront of Employment and Education

Earlier this month, the Equal Employment Opportunity Commission (EEOC) released a new Fact Sheet, announcing its formal position on bathroom access rights for transgender employees. The Fact Sheet provides employers with a...more

Strategies for Complying with the Notice Provisions of the Defend Trade Secrets Act of 2016

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (“DTSA”), which amends the Economic Espionage Act of 1996 to provide a federal cause of action to private companies for trade secret...more

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