Anti-Retaliation Provisions Employer Liability Issues

News & Analysis as of

New Federal Workplace Safety Rules Announced May 11

The Occupational Safety and Health Administration (OSHA) on Wednesday, May 11, finalized a new recordkeeping and reporting rule that requires employers in certain industries to electronically submit injury and illness...more

OSHA Issues Rule Requiring Employers to Publish Workplace Injuries

The Occupational Safety & Health Administration (OSHA) has issued a new rule requiring certain employers to submit electronic copies of their OSHA Injury and Illness Logs so OSHA can publish employers’ Logs on OSHA’s public...more

OSHA's Final Rule on Electronic Tracking of Workplace Injuries and Illnesses

In keeping with Assistant Secretary of Labor Dr. David Michaels’ promise to “shame” employers into compliance, on May 12, 2016, the Occupational Safety and Health Administration (OSHA) published its final rule on electronic...more

What Employers Need to Know About Pennsylvania's New Medical Marijuana Act

SB3, the Pennsylvania Medical Marijuana Act, was signed into law last week. Employers need to take note because employees have protections in the workplace under this Act, and the law specifically sets forth parameters on how...more

PA’s Medical Marijuana Act: Challenges for Employers

Pennsylvania became the latest state to legalize medical marijuana when Governor Tom Wolf signed the Pennsylvania Medical Marijuana Act into law last week. The statute, which had bipartisan support, establishes a medical...more

As Retaliation Claims Rise, Employers Face New Challenges Under Employment, OSHA and Health Care Laws

As we discussed in a recent webinar, employers are facing an increased risk of defending a retaliation complaint as administrative policy changes and expansive federal laws make asserting these claims easier for employees....more

Medical Marijuana is Legal in Pennsylvania . . . Does Your Drug Testing Policy Have to Go Up in Smoke?

On April 17, 2016, Pennsylvania Governor Tom Wolf signed the Medical Marijuana Act (MMA), which legalizes medicinal marijuana in Pennsylvania. The MMA, which takes effect on May 17, 2016, includes various provisions related...more

The New California Regulations Part IV: Support Animals in the Workplace

The California Office of Administrative Law recently approved regulations drafted by the California Fair Employment and Housing Council. These new regulations, covering the entire gamut of employment law topics within the...more

Blowing the Whistle on Food Safety: OSHA Issues a Final Rule Related to FDCA Complaints

On April 18, 2016, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced that it has issued procedural rules for enforcement of whistleblower complaints alleging violations of the...more

Employee Benefits & Executive Compensation Advisory: The ACA: New Concerns for Employer Plan Sponsors Under the Fair Labor...

The Affordable Care Act (ACA) anti-retaliation provisions have been in effect for several years, but have so far largely gone unnoticed. Now that employees can get financial assistance through the Health Insurance...more

Employers Be Warned: California FEHA amendments take effect April 1, 2016

On April 1, 2016, amended anti-discrimination regulations under the Fair Employment and Housing Act (“FEHA”) will take effect in California. The new regulations broaden the scope of FEHA, including the definition of covered...more

Additional Employer Requirements Pursuant to New FEHA Regulations Come Into Effect on April 1, 2016

Effective April 1, 2016, California employers will have additional obligations pursuant to new regulations under the California Fair Employment and Housing Act (FEHA). Below is a brief synopsis of the new FEHA regulations...more

Employment Law Reporter - March 2016

On April 1st, new regulations adopted under the Fair Employment and Housing Act (FEHA) take effect that require California employers of at least 5 individuals to develop written discrimination, harassment, and retaliation...more

Amended FEHA Regulations: Employers Required to Update Harassment & Discrimination Policies

The California Fair Employment and Housing Act’s (FEHA) proposed amendments have been approved and go into effect April 1, 2016. All employers should review the regulations and update their policies. In large part, the...more

SPECIAL FOCUS: FEHA Amendments Take Effect April 1

Why it matters - The April 1 deadline is looming for California employers, who are facing amendments to the state's Fair Employment and Housing Act (FEHA), including the creation of an affirmative duty to "prevent and...more

FEHC Issues Mandates for Employers with California Employees - New rules for harassment, discrimination and retaliation policies...

New mandates issued by California's Fair Employment and Housing Council (FEHC) for harassment, discrimination and retaliation policies take effect on April 1, 2016. These rules set new standards for how employers must comply...more

Amended California FEHA Regulations Take Effect April 1, Impose Detailed Anti-Harassment and Anti-Discrimination Policy...

Recent Amendments to California’s Fair Employment and Housing Act (FEHA) Regulations go into effect on April 1, 2016. These amendments include: - ..Detailed requirements for mandatory written harassment, discrimination,...more

The New California Regulations, Part I: Preventing and Correcting Wrongful Behavior

California’s Office of Administrative Law approved regulations drafted by the California Fair Employment and Housing Council. These new regulations, covering the entire gamut of employment law topics within the Fair...more

New California Regulations Continue to Challenge California Employers

New California Regulations Continue To Challenge California Employers - On April 1, 2016, California will enforce revised regulations designed to protect employees from illegal harassment, retaliation and discrimination....more

California Employers: Get Ready for New FEHC Regulations Effective April 1st

As most California employers know, the complex web of laws that govern employment in the state is vast and ever-expanding. It just got more complicated. The Fair Employment and Housing Council (“FEHC”) has issued new...more

Notice to California Employers: New Rules Dictate Precisely What Must Be in Handbooks Regarding Harassment, Discrimination, and...

Beginning April 1, 2016, new California regulations (§11023 specifically) will require all California employers with more than five employees to have written policies regarding harassment, discrimination, and retaliation. ...more

Congress to Consider New Bill Aimed at Increasing Whistleblower Rewards and Enhancing Company Liability

Leading members of the House Oversight and Government Reform Committee propose legislation to increase whistleblower rewards and expand companies’ liability for whistleblower claims. ...more

EEOC Releases Draft Retaliation Guidance

On January 21, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a draft guidance entitled, “PROPOSED Enforcement Guidance on Retaliation and Related Issues.” The public has 30 days to provide feedback....more

New Law Extends Retaliation Protections to Family Members

Assembly Bill 1509 amends sections 98.6, 1102.5, and 6310 of the California Labor Code by extending certain retaliatory protections afforded to employees to their family members who work for the same employer. Under existing...more

Protection for (Some) HR Managers

Like most employment statutes, the Fair Labor Standards Act (“FLSA”) prohibits retaliation against employees who file complaints. The Supreme Court ruled in 2011 that this protection even extends to oral complaints at work....more

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