News & Analysis as of

Anti-Retaliation Provisions Retaliation Corporate Counsel

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

Foley & Lardner LLP

What’s Next for Labor and Employment Laws in California?

Foley & Lardner LLP on

The 2023 California Legislative session, which ended on September 14, 2023, saw a flurry of activity on labor and employment-related laws. Governor Newsom has until October 14, 2023, to sign, veto, or pocket veto (i.e., take...more

NAVEX

Unpacking the Term “Whistleblower”

NAVEX on

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

NAVEX

Separating the Whistleblower from Whistleblowing in the U.K.

NAVEX on

On December 7, 2022, NAVEX hosted a Whistleblowing in the U.K. event at the Royal Institute of British Architects in London. Our guest speakers for the session were MP Mary Robinson, who has been pivotal in driving the new...more

NAVEX

Creating a No-Tolerance Approach to Retaliation

NAVEX on

Over one-quarter (28 percent) of organizations surveyed in our 2022 Regional Whistleblowing Hotline Benchmark Report did not confirm that an anti-retaliation policy was a part of their organization’s confidential reporting...more

Baker Donelson

Protected Activity? Think Again.

Baker Donelson on

It is widely known that employers are prohibited from retaliating against employees for engaging in "protected activity." But what is "protected activity?" Unfortunately, the definition of "protected activity" varies widely...more

Proskauer - Whistleblower Defense

CA District Court: SOX and Dodd-Frank’s Whistleblower Provisions Do Not Apply To Individual Employed Abroad

On June 7, 2022, the United States District Court for the Northern District of California, relying on recent ARB decisions, held that a plaintiff who lived and worked for a Canadian subsidiary of a US company could not avail...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

Fisher Phillips on

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

Epstein Becker & Green

Whistleblower Protections for Employees Expand in New York

Epstein Becker & Green on

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

Hogan Lovells on

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

Manatt, Phelps & Phillips, LLP

Fourth Circuit Reverses, Reinstates Title VII Discrimination Claim

Title VII permits retaliation claims even when the plaintiff is not the party against whom the initial discrimination was directed, the U.S. Court of Appeals, Third Circuit has ruled, reversing the district court’s dismissal...more

Society of Corporate Compliance and Ethics...

[Virtual Event] Scottsdale Regional Compliance & Ethics Conference - September 17th, 8:25 am - 4:30 pm PDT

Our Virtual Regional Compliance Conferences provide updates on the latest news in regulatory requirements, compliance enforcement, and strategies to develop effective compliance programs. Watch, listen, and ask questions from...more

Polsinelli

Retaliation Against a Former Employee Can Give Rise to a False Claims Act Retaliation Claim

Polsinelli on

On March 31, 2021, in United States ex rel. Felten v. William Beaumont Hospital, the Sixth Circuit Court of Appeals held that an employer’s allegedly retaliatory conduct directed at an employee after the employee’s...more

McGuireWoods LLP

New Law Protects Criminal Antitrust Activity Whistleblowers From Employer Retaliation

McGuireWoods LLP on

On Dec. 23, 2020, President Trump signed into law the Criminal Antitrust Anti-Retaliation Act. The new law, whose passage was applauded by the Department of Justice, prohibits employers from retaliating against employees who...more

Hinshaw & Culbertson - Employment Law...

Lessons From Smithfield Pork Packing Plant Lawsuit: Could OSHA Preempt Worker Retaliation Claims Concerning Employer COVID-19...

In a workplace safety whistleblower lawsuit recently filed in the U.S. District Court for the Middle District of Florida, an air conditioning technician claims he was fired by his employer, HT Airsystems of Florida, LLC, in...more

Proskauer - Whistleblower Defense

SDNY: Directors Not Liable For Whistleblower Claims Under SOX

On December 9, 2019, the U.S. District Court for the Southern District of New York ruled that, as a matter of law, directors cannot be held liable under the anti-retaliation provisions of the Sarbanes-Oxley Act. Zornoza v....more

Polsinelli

SDNY Rejects Director Liability for Sarbanes-Oxley Whistleblower Claims, Creating a Split Among Federal District Courts

Polsinelli on

Public company directors, who are under constant threat of claims, received welcome news earlier this month.  On December 9, 2019, the U.S. District Court for the Southern District of New York ruled that corporate directors...more

Fisher Phillips

Appeals Court Rejects Retaliation Claim Based On Religious Accommodation Request

Fisher Phillips on

In a case of first impression, a federal appeals court just found that an applicant’s request for a religious accommodation did not constitute protected activity under Title VII for the purpose of establishing a retaliation...more

Fisher Phillips

OSHA OKs Drug Testing and Incentive Programs ... Sort of

Fisher Phillips on

OSHA Rolls Back Enforcement of Anti-Retaliation Provisions! Yesterday, the U.S. Occupational Health and Safety Administration (“OSHA”) issued a standard interpretation clarifying its position on the new recordkeeping rule’s...more

Fenwick & West LLP

SCOTUS Narrows Dodd-Frank Whistleblower Protections, May Trigger Increased Reports to the SEC

Fenwick & West LLP on

In a unanimous ruling in Digital Realty Trust v. Somers, the U.S. Supreme Court has narrowed whistleblower protections in the Dodd-Frank Act that shield employees who report potential securities law violations. As a result,...more

Orrick - Employment Law and Litigation

The Whistle Keeps Blowing: SEC Whistleblower Office Releases Its 2017 Annual Report

The SEC released its Fiscal Year 2017 Annual Report (the “Report”) to Congress on the Dodd-Frank Whistleblower Program on November 16, 2017. The Report analyzes the tips received over the last twelve months by the SEC’s...more

Seyfarth Shaw LLP

Beware the Rumor Mill: Massachusetts Court Finds Reporting of Rumored Office Romance May Be Protected Activity

Seyfarth Shaw LLP on

Seyfarth Synopsis: A Massachusetts federal court has found that reporting a rumored office romance and complaining about paramour favoritism can be protected activity that is protected by anti-retaliation laws. The court also...more

31 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide