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Anti-Retaliation Provisions Employer Liability Issues Corporate Counsel

Fisher Phillips

Will Trend to Limit Warehouse Production Quotas Go National? 3 Things Employers Should Know

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Congress is currently considering a bill that would restrict production quotas for warehouse workers and mandate certain safety measures, following in the footsteps of several states that have implemented similar...more

Littler

Massachusetts Latest State Expected to Restrict Access to Credit Reports for Employment Purposes

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On March 14, 2024, the Massachusetts House of Representatives passed legislation that would add a new provision to the Massachusetts Consumer Protection law and would bar the use of true credit reports for employment...more

Bradley Arant Boult Cummings LLP

Are They Qualified? 11th Circuit Further Defines ADA Category

Does the fact that an individual is disabled automatically make him a “qualified individual with a disability” under Title I of the ADA? In Stanley v. City of Sanford, Florida, the Eleventh Circuit said no....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New California Law Makes It Easier for Employees to Establish Retaliation Claims

On October 8, 2023, Governor Gavin Newsom signed into law Senate Bill (SB) No. 497—also referred to as the Equal Pay and Anti-Retaliation Protection Act. SB 497 amends California Labor Code Sections 98.6, 1102.5, and 1197.5...more

Ballard Spahr LLP

SEC Increases Scrutiny of Whistleblower Protections

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Summary - The Securities and Exchange Commission (SEC) has recently announced settlements with a number of companies whose separation agreements or internal policies the SEC viewed as impeding employees’ participation in the...more

Seyfarth Shaw LLP

EU Whistleblower Directive – Where Are We Now?

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As the last of the EU member states implement the Whistleblower Directive, we recap the new rules employers need to be aware of, and give our views on whether a ‘one size fits all’ approach is feasible....more

Foley Hoag LLP

OSHA Announces Interim Final Rule on Antitrust Whistleblower Retaliation Claims

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The Occupational Safety and Health Administration (“OSHA”) of the U.S. Department of Labor has released a new rule that will give antitrust whistleblowers added protection against retaliation. The new rule establishes...more

NAVEX

Unpacking the Term “Whistleblower”

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The term whistleblower carries a lot of baggage – but you wouldn’t know this from its dictionary definition. The Merriam Webster dictionary defines a whistleblower as “one who reveals something covert or informs against...more

Fisher Phillips

New Laws for New York Employers in a New Year: What You Need to Know as 2023 Unfolds

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After a few years of rapid and expansive change to New York’s workplace laws, involving adjustments to workplace safety, employee pay, benefits, and privacy, there was a noticeable slowdown for the state legislature this past...more

Poyner Spruill LLP

Employer Avoids “Cat’s Paw” Liability in FMLA Retaliation Case Through Independent Review

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The Family and Medical Leave Act (FMLA) prohibits employers from retaliating against employees for taking FMLA leave. In the case of Parker v. United Airlines, Inc., which recently reached the United States Court of Appeals...more

Fisher Phillips

New York Lawmakers Pass a Flurry of Worker Protection Laws

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As the New York State legislative session came to a close, state lawmakers passed a flurry of laws providing protections to workers, ranging from wage protections for freelance workers, prohibitions against absence control...more

Stoel Rives - World of Employment

California Supreme Court Provides Clarity on Which Standard to Use for Retaliation Cases

On January 27, 2022, the California Supreme Court in Lawson v. PPG Architectural Finishes, Inc., No. S266001, 2022 WL 244731 (Cal. Jan. 27, 2022), addressed the issue of which standard courts must use when analyzing...more

Epstein Becker & Green

New York’s Expanded Whistleblower Protections and Notice Requirements Take Effect January 26, 2022

Epstein Becker & Green on

On January 26, 2022, legislation (“Amendments”) amending and significantly expanding the scope of New York’s whistleblower laws will take effect....more

Fisher Phillips

New York Employers Must Prepare for Strengthened Whistleblower Protections

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New York employees will soon have greater rights to assert claims of wrongdoing by their employers without retaliatory action. State lawmakers recently amended New York’s whistleblower law protections for private sector...more

Littler

European Whistleblowing Directive: Many EU member states missed the implementation deadline – Is your company prepared?

Littler on

On December 17, 2021, when the deadline for implementing the EU Whistleblowing Directive expires – or, at the latest, when corresponding national whistleblower protection laws come into force – member states of the European...more

BCLP

Changes and Developments in California Employment Laws for 2022

BCLP on

As 2021 quickly comes to a close, we look back at this year’s legislative session, which included several employment-related bills signed by Governor Gavin Newsom, including bills aimed at prohibiting quotas that interfere...more

Epstein Becker & Green

Whistleblower Protections for Employees Expand in New York

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New York Governor Kathy Hochul recently signed legislation that expands one of the state’s whistleblower laws with significant revisions (“Amendments”) to NY Labor Law § 740 (“Section 740”). The Amendments increase coverage...more

Proskauer - Whistleblower Defense

New York’s Whistleblower Protection Law Is Dramatically Expanded

On October 28, 2021, New York Governor Kathy Hochul signed into law a bill dramatically expanding New York’s whistleblower statute, New York Labor Law § 740, which is scheduled to take effect on January 26, 2022. ...more

Hogan Lovells

New York dramatically expands whistleblower protection law with sweeping amendments

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On October 28, 2021, New York Governor Kathy Hochul signed legislation enhancing the protections available to individuals who claim retaliation for reporting alleged employer wrongdoing. The legislation (S.4394A/A.5144A)...more

Fisher Phillips

California Employers with Warehouse Distribution Centers Face First-in-Nation Law Regulating Production Quotas

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California Governor Gavin Newsom just signed into effect a first-in-the-nation law that specifically targets warehouse distribution centers with complicated restrictions that regulate the use of production quotas. While much...more

Jackson Walker

Avoiding Retaliation Claims Under the Family Medical Leave Act

Jackson Walker on

In addition to requiring employers to accommodate employees requesting covered family or medical leaves, the federal Family Medical Leave Act (FMLA) prohibits retaliating against an employee for exercising FMLA rights. The...more

Dorsey & Whitney LLP

A New Circuit Split: FCA Protects Former Employees from Post-Employment Retaliation in the Sixth

Dorsey & Whitney LLP on

Over a vigorous dissent last week, a panel of the U.S. Court of Appeals for the Sixth Circuit vacated a ruling from the U.S. District Court for the Eastern District of Michigan and held the False Claims Act’s anti-retaliation...more

Littler

The Department of Labor Establishes New Whistleblower Protocols

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On February 19, 2021, the U.S. Department of Labor announced that the Occupational Safety and Health Administration (OSHA) will oversee worker retaliation complaints filed under the Criminal Antitrust Anti-Retaliation Act...more

Littler

Protection for Criminal Antitrust Whistleblowers Signed into Law

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Largely overshadowed by the rise in COVID-19 deaths and the January 6, 2021, siege on the Capitol, the Criminal Antitrust Anti-Retaliation Act of 2019 (“the Act”) became law on December 23, 2020. See 15 U.S.C. § 7a-3....more

Hogan Lovells

OSHA issues return-to-work guidance for non-essential businesses

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On Thursday, June 18, the Occupational Safety and Health Administration (OSHA) published a pamphlet with “guidance to assist employers and workers in safely returning to work and reopening businesses deemed by local...more

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