Anti-Retaliation Provisions Employer Liability Issues

News & Analysis as of

SEC Opens up the Toolbox to File First Stand-alone Whistleblower Retaliation Case

Welcome back to Whistleblower Week here at Cady Bar the Door. It is a glorious time. Today we discuss In re International Game Technology, Inc., filed on September 29th. While it has done this before alongside other...more

New Hampshire Law Prohibiting Retaliation Against Employees Who Request A Flexible Work Schedule Now In Effect

Seyfarth Synopsis: Effective September 1st, 2016, New Hampshire joined Vermont as the only two states that prohibit employers from retaliating against an employee solely because the employee requested a flexible work...more

Just Say No to Automatic Post-Accident Drug-Testing

Do you automatically drug-test after all work-related injuries or accidents? If so, you should change your policy immediately in light of the Occupational Safety and Health Administration’s new reporting Rule, which went into...more

Seattle’s New Secure Scheduling Ordinance

The Seattle City Council unanimously passed the Secure Scheduling Ordinance (Ordinance) on September 19, 2016. The Ordinance imposes new requirements on certain employers in the retail and food services industries for their...more

Seattle City Council Approves Secure Scheduling Ordinance

As widely anticipated, on September 19, 2016, the Seattle City Council passed the Secure Scheduling Ordinance (SSO), CB 118765, by a unanimous vote. The SSO mandates that large retail and food service employers provide two...more

EEOC Releases Updated Retaliation Guidance

On August 29, 2016, the EEOC issued Final Enforcement Guidance on Retaliation and Related Issues that replaces its 1998 Compliance Manual section on retaliation. The guidance addresses the separate “interference” provision...more

CFTC Proposes Amendments to Whistleblower Awards Process and Anti-Retaliation Authority

The amendments would make the CFTC’s whistleblower awards process more uniform with the SEC’s program and would enable the CFTC to bring enforcement actions against employers that retaliate against whistleblowers....more

The Retaliation Problem

The Equal Employment Opportunity Commission just released new guidance on retaliation, updating guidelines last issued in 1998. Reviewing the new guidance reminded us of all the times that retaliation has become an issue...more

EEOC Issues New Guidance on Retaliation

The Equal Employment Opportunity Commission (EEOC) recently issued new Enforcement Guidance on Retaliation and Related Issues, marking the first time that the EEOC has issued a formal resource document on retaliation since...more

Does New Jersey's Conscientious "Everyone" Protection Act Trump the NLRB's Exclusive Jurisdiction? State Supreme Court says "Yes"...

Executive Summary: Just when employers thought New Jersey's Supreme Court could not expand the state's whistleblower law further (as we reported last summer), the Conscientious Employee Protection Act (CEPA) once again has...more

OSHA Delays Enforcement of Portions of New Recordkeeping Rules

In response to employer complaints and a new federal lawsuit, on July 13, the federal Occupational Safety and Health Administration announced a delay in enforcement of the non-retaliation portions of its new injury and...more

New OSHA Rule May Require Employers to Update Drug-Testing Policies

The Occupational Safety and Health Administration’s (OSHA) new reporting rule goes into effect August 10, 2016. Although it does not expressly address post-accident drug testing, OSHA’s commentary related to the new rule...more

OSHA Delays Enforcement of Anti-Retaliation Provisions

The Occupational Safety and Health Administration (OSHA) announced on July 13, 2016, that the anti-retaliation provisions included in the revised recordkeeping regulation, 29 CFR Part 1904, will not be enforced until November...more

New OSHA Rule Requires Employers To Reevaluate Certain Workplace Policies

On May 12, 2016, the Occupational Safety & Health Administration (OSHA) published a final rule regarding reporting injuries and illnesses in the workplace and protecting employees who make those reports. The new rule expands...more

New OSHA Rule Requires Immediate Action by All Employers

The Occupational Safety and Health Administration (OSHA) issued a final rule revising its Occupational Injury and Illness Recording and Reporting Requirements. The new rule does two things: (i) it establishes employer...more

Does Your Company Have "Reasonable" Procedures for Employee Reporting of Work-Related Injuries and Illnesses Consistent with...

OSHA’s May 12, 2016 final rule revising its recording and reporting regulations received a great deal of publicity, in large part, because of the new requirements beginning in 2017 for some employers to electronically submit...more

What Employers Need to Know about OSHA’s New Reporting and Anti-Retaliation Regulations

The Occupational Safety and Health Administration (OSHA) recently implemented new regulations that will impact covered employers beginning on August 10, 2016. Specifically, these new regulations will require electronic...more

New OSHA Rule Could Affect Employers’ Drug Testing and Safety Incentives

The Occupational Safety and Health Administration (OSHA) intends to enhance its enforcement efforts against employers who OSHA believes are using drug testing and safety incentives to improperly reduce recordable work-related...more

Philadelphia's New Wage Theft Ordinance: What Employers Need to Know

On July 1, 2016, the Philadelphia Wage Theft Ordinance went into effect. The Ordinance creates a new avenue for complaints alleging nonpayment of wages or “wage theft,” and the position of “Wage Theft Coordinator” to...more

Philadelphia’s Tough New Anti-Wage Theft Law Effective July 1

Effective on July 1, 2016, the City of Philadelphia’s Wage Theft Law imposes higher penalties for violations than currently are imposed by the state’s anti-wage theft law, provides for a private right of action for alleged...more

Chicago City Council Passes Paid Sick Leave Ordinance

Effective July 1, 2017, an amendment to the Chicago Minimum Wage Ordinance (2-25-050) requires employers in the City of Chicago to provide eligible employees up to 40 hours of paid sick leave in each 12-month period of their...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

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

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

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

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