Anti-Retaliation Provisions

Will the Latest Opinion by A District Court Adopting a Broad Definition of Who is a Whistleblower Encourage More Internal...

by Mike Delikat, Rachel Muoio, Renee Phillips | Orrick - Global Employment Law Group on 5/24/2013

On Tuesday, another New York federal district court ruled that an employee need not report a disclosure directly to the Securities and Exchange Commission (“SEC”) to be afforded the protections under the anti-retaliation...more

Whistleblower’s Claims Against Former Employer Survive Summary Judgment

by Jason F. Clouser, William M. Regan | Katten Muchin Rosenman LLP on 5/15/2013

In a case involving “several questions of first impression,” the US District Court for the Southern District of New York denied summary judgment for all but one of the defendants in a case alleging violations of the...more

C.D. Cal. Greenlights SOX Claim, Analyzing Whether Scienter Must Be Shown Where Violation Of Internal Controls Is Alleged

by Noa Baddish, Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 5/7/2013

On April 24, 2013, the U.S. District Court for the Central District of California issued its final ruling that a SOX whistleblower complaint survived a Rule 12(b)(6) challenge. Zulfer v. Playboy Enterprises, Inc., No....more

Criminal Antitrust Update - April 2013

by Andrew Friedman, Hannibal G. Williams II Kemerer | Patton Boggs LLP on 5/6/2013

INDUSTRY SCORECARD - E-books: Macmillan has become the latest and final major e-book publisher to resolve price-fixing allegations by the DOJ Antitrust Division (the “Division”)...more

New Whistleblower Bounty Law On The Horizon In NY?

by Steven J. Pearlman, Daniel Saperstein | Proskauer - Whistleblowing & Retaliation on 5/1/2013

On March 22, 2013, the New York State Senate introduced the S4362 Proposal which, through a “bounty,” gives financial awards to whistleblowers who provide original information to the Department of Financial Services (DFS)...more

OCR Issues New Guidance Regarding Retaliation

by Scott Warner | Franczek Radelet P.C. on 4/29/2013

For the first time, the U.S. Department of Education’s Office for Civil Rights (OCR) issued guidance this week in the form of a “Dear Colleague Letter” that specifically addresses retaliation. Like complaints filed with the...more

Legal Alert: OFCCP Updates Non-Retaliation Policy

by Linda Cavanna-Wilk | FordHarrison on 4/16/2013

The Office of Federal Contract Compliance Programs (OFCCP) has issued an announcement both reassuring covered contractors that seeking compliance assistance will not trigger a compliance review but also noting that seeking...more

Scripts - April 2013

by Kenneth L. Burgess, Kevin M. Ceglowski, Elizabeth Johnson, Jennifer G. Parser | Poyner Spruill LLP on 4/8/2013

In This Issue: - Key Provisions In the Final Omnibus HIPAA/HITECH Rules and What They Mean for You - NLRB and EEOC May Target Employer Efforts to Keep Employees Quiet During Internal Investigations -...more

Labor Letter - April 2013: Cussing Out Your Employee May Get You Sued…By OSHA?

by Howard Mavity | Fisher & Phillips LLP on 4/5/2013

Hopefully you’re already aware of the continuing escalation of all forms of whistleblower and retaliation claims, including under the 20+ Anti-Retaliation laws enforced by special investigators from OSHA’s Whistleblower...more

EEOC Releases Its Strategic Enforcement Plan

by Stephanie Albrecht, Lauri A. Damrell, Gary Siniscalco | Orrick - Global Employment Law Group on 1/9/2013

On December 17, 2012, the EEOC released its Strategic Enforcement Plan. As previously reported, the EEOC released the draft SEP for public comment on September 4, 2012, with a plan to vote on and implement it by October 1....more

Labor Letter, January 2013: Preventing Discrimination Complaints Under The Mine Act: Six Steps To Protect Your Company

by Matthew R. Korn | Fisher & Phillips LLP on 1/5/2013

The Mine Safety and Health Administration (MSHA) recently announced what many mine operators and independent contractors have experienced for the past several years – a heightened focus on, and tremendous increase in, the...more

Whats A Protected Complaint Under The FLSA’s Anti-Retaliation Provision?

by Rachel Fischer, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 1/4/2013

On December 26, 2012, the Eleventh Circuit issued a ruling that strengthens defenses to “protected activity” in FLSA retaliation actions. Miller v. Roche Surety & Casualty Co., Inc., No. 12-cv-10259 (11th Cir. Dec. 26, 2012)...more

Schnader Harrison Segal & Lewis LLP Presents Your 13 Labor & Employment Resolutions for 2013

by Alizah Z. Diamond, Scott Wenner | Schnader Harrison Segal & Lewis LLP on 12/31/2012

The world did not end last week, and so it is that time again to reflect on the year behind us and to consider what is on the horizon for the upcoming year. What resolutions will we make for 2013? Will we train for an Iron...more

EEOC Approves Strategic Enforcement Plan

by Matthew I. Bobb | BakerHostetler on 12/24/2012

On December 18, 2012, the U.S. Equal Employment Opportunity Commission (EEOC) approved its Strategic Enforcement Plan (SEP) highlighting six high-priority target areas. The SEP stresses that the EEOC’s enforcement efforts...more

False Claims Act Focus - December 2012

by Patton Boggs LLP on 12/22/2012

EDITOR’S NOTE - Recent reports from the Department of Justice that it collected a record $4.9 billion under the False Claims Act in fiscal year 2012 only underscore what we’ve been seeing in our practice and elsewhere in...more

American Samoa Government and EEOC Settle Age Discrimination Suit

by U.S. Equal Employment Opportunity Commission... on 12/21/2012

U.S. Territory Will Provide Anti-Discrimination Training & Relief, Settling the Federal Agency's First Lawsuit in American Samoa - PAGO PAGO, American Samoa - The U.S. Equal Employment Opportunity Commission (EEOC) today...more

Trinity Health Corporation Agrees to Settle EEOC Retaliation Lawsuit

by U.S. Equal Employment Opportunity Commission... on 12/21/2012

Company Had Policy of Delaying or Denying Severance Payments to Employees Who Signed Severance Agreements and Then Filed Discrimination Charges, Agency Says - INDIANAPOLIS - Trinity Health Corporation, a national...more

EEOC Approves Strategic Enforcement Plan

by U.S. Equal Employment Opportunity Commission... on 12/19/2012

Commission Establishes Priorities for Enforcement and Strategies for Integrating Agency Responsibilities - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) recently approved a Strategic Enforcement...more

Don't Get Fried by Davis-Bacon

by Daniel A. Kaplan | Foley & Lardner LLP on 12/18/2012

Web sites abound advising employees they can make “millions” by blowing the whistle on their employers for alleged violations of laws, rules, or regulations. The federal law known as the False Claims Act (FCA) also contains...more

Key Indicia Of Retaliation In FLSA Action

by Rachel Fischer | Proskauer - Whistleblowing & Retaliation on 12/18/2012

The U.S. Court of Appeals for the Seventh Circuit recently denied an employer’s motion for summary judgment in a closely watched FLSA retaliation case based on circumstantial evidence of a causal nexus between protected...more

Fourth Circuit Reverses Decision Holding Employer's Promise Not to Retaliate Modified At-Will Employment, Rejects Breach of...

by Nancy N. Delogu, Steven E. Kaplan | Littler on 12/17/2012

On November 27, 2012, in Scott v. Merck & Company, Inc., the U.S. Court of Appeals for the Fourth Circuit reversed a jury verdict of more than $500,000 in favor of Jennifer Scott, a former Merck & Co., Inc. employee. The...more

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Will the Latest Opinion by A District Court Adopting a Broad Definition of Who is a Whistleblower Encourage More Internal...

Whistleblower’s Claims Against Former Employer Survive Summary Judgment

C.D. Cal. Greenlights SOX Claim, Analyzing Whether Scienter Must Be Shown Where Violation Of Internal Controls Is Alleged

Criminal Antitrust Update - April 2013

New Whistleblower Bounty Law On The Horizon In NY?

OCR Issues New Guidance Regarding Retaliation

Legal Alert: OFCCP Updates Non-Retaliation Policy

Scripts - April 2013

Labor Letter - April 2013: Cussing Out Your Employee May Get You Sued…By OSHA?

EEOC Releases Its Strategic Enforcement Plan

Labor Letter, January 2013: Preventing Discrimination Complaints Under The Mine Act: Six Steps To Protect Your Company

Whats A Protected Complaint Under The FLSA’s Anti-Retaliation Provision?

Schnader Harrison Segal & Lewis LLP Presents Your 13 Labor & Employment Resolutions for 2013

EEOC Approves Strategic Enforcement Plan

False Claims Act Focus - December 2012

American Samoa Government and EEOC Settle Age Discrimination Suit

Trinity Health Corporation Agrees to Settle EEOC Retaliation Lawsuit

EEOC Approves Strategic Enforcement Plan

Don't Get Fried by Davis-Bacon

Key Indicia Of Retaliation In FLSA Action

Fourth Circuit Reverses Decision Holding Employer's Promise Not to Retaliate Modified At-Will Employment, Rejects Breach of...

The Dodd-Frank Whistleblower Program: An Analysis of the SEC’s Second Annual Report, Best Practices for Dealing with...

EEOC Releases Strategic Enforcement Plan

EEOC Strategic Enforcement Plan

EEOC Delays Release of Strategic Enforcement Plan, Suggesting Revisions to Draft Plan Likely

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