News & Analysis as of

Employees Anti-Retaliation Provisions

Littler

Illinois Makes Move to Ban Employer-Sponsored Meetings

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For over 75 years, the National Labor Relations Board and courts (including the U.S. Supreme Court) have held the right of employees to make informed choices about unions is best served when employers share competing...more

Thomas Fox - Compliance Evangelist

The Boeing Saga: Compliance, Accountability, and the Path Forward

When it comes to corporate accountability few cases are as significant as the ongoing litigation involving Boeing. Since the 737 MAX safety scandal erupted in 2021, the company has been embroiled in a complex legal journey....more

Rivkin Radler LLP

NY’s New Employment Law Targets Privacy Concerns

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In the current age of social media, employers have begun to increasingly rely on digital platforms to screen prospective employees. In an effort to address the growing concerns over privacy and the use of social media in...more

Dickinson Wright

No Vaccine, No Employment? Know Your State Law

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The new Texas ban on vaccine mandates may be just the start. COVID-19 vaccination mandates have been the subject of litigation and the target of state legislation since the vaccines became readily available. While several...more

International Lawyers Network

Paid Leave

The following paper aims to succinctly address the question "Under what circumstances is an employee entitled to paid leave?” This guide offers an overview of legal aspects of paid leave in the requisite jurisdictions....more

Sheppard Mullin Richter & Hampton LLP

United States Supreme Court Endorses Low Burden of Proof for Whistleblowers

In Murray v. UBS Securities, LLC, 601 U. S. ____, 2024 WL 478566 (2024), the United States Supreme Court (Sotomayor, J.) held that whistleblowers do not need to prove their employer acted with “retaliatory intent” to be...more

Jones Day

Supreme Court Holds Proof of Retaliatory Intent Not Required for Sarbanes-Oxley Whistleblower Claims

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The Background: In August 2022, the United States Court of Appeals for the Second Circuit held in Murray v. UBS Securities, LLC., et al. ("Murray") that an employee suing his employer under the anti-retaliation provisions of...more

Troutman Pepper

Top 10 Tips for Drafting Whistleblower Compliant Arrangements

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Background - Under Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, Congress expanded protections for whistleblowers reporting possible violations of federal securities laws to the...more

Ius Laboris

Belgium’s new whistleblowing law

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The EU Whistleblowing Directive has been implemented in Belgium and SMEs have only until 17 December to act. Here we consider some of the key details of the new Belgian legislation....more

Baker Donelson

Maryland's New Whistleblower Retaliation Standard

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Maryland's highest court announced on August 30, 2023, that a health care employee who claims to have "blown the whistle" on their employer's alleged misconduct must satisfy the "but for" standard of causation to prevail on a...more

Littler

NLRB and OSHA Announce MOU to Strengthen Health and Safety

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On October 31, 2023, the National Labor Relations Board (NLRB) and the Occupational Safety and Health Administration (OSHA) announced that the agencies have executed a Memorandum of Understanding (MOU) “to strengthen the...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

NAVEX

[Webinar] Breaking Silence: Fostering a Speak-Up Culture in Organizations - November 10th, 9:00 am BST

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Organizations that fully embrace the value of employee feedback and encourage a speak-up culture are seen as more ethical and trustworthy. Data proves the value of a whistleblower reports in improving culture- is your...more

NAVEX

[Webinar] Breaking Silence: Fostering a Speak-Up Culture in Organizations - November 9th, 10:00 am AST

NAVEX on

Organizations that fully embrace the value of employee feedback and encourage a speak-up culture are seen as more ethical and trustworthy. Data proves the value of a whistleblower reports in improving culture- is your...more

Seyfarth Shaw LLP

New Jersey Temporary Workers’ Bill of Rights: Regulations Issued

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Seyfarth Synopsis: The New Jersey Department of Labor and Workforce Development issued its proposed regulations for New Jersey’s Temporary Workers’ Bill of Rights. The proposed regulations provide some clarity on several...more

Perkins Coie

California Supreme Court Broadens Whistleblower Protections

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The California Supreme Court (the Court) issued a unanimous decision on May 22, 2023, in the case of People ex rel. Garcia-Brower v. Kolla’s, Inc. The ruling broadened the interpretation of “disclose” under California Labor...more

CDF Labor Law LLP

California Supreme Court Broadens Whistleblower Protection for Employees

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California Labor Code Section 1102.5(b) prohibits employers from retaliating against “whistleblowing” employees for disclosing information about suspected violations of law to a person with authority over the employee or...more

Pullman & Comley - Labor, Employment and...

Connecticut General Statutes § 31-51q at 40: Emerging Questions for Connecticut’s Employee Free Speech Statute

THE NEW YEAR, 2023, MARKS THE 40TH anniversary of the initial passage of Connecticut General Statutes § 31-51q. Connecticut’s employee free speech protection statute, Section 31-51q, broadly protects both public and...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

Littler

Littler World Cup Matchups Part 5: Whistleblower Protections

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Welcome back to our World Cup series, where we compare various aspects of labor and employment law in some of the participating countries. We kicked off Parts One and Two of this series with vacation and sick leave...more

Foley Hoag LLP

New York Prohibits Retaliation Against Employees for Lawful Absences

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New York has passed a new law intended to ensure that workers are permitted to take lawful absences from work without being penalized. The new measure amends Section 215 of the New York Labor Law to prohibit an employer from...more

Perkins Coie

Washington, D.C., Ban on Non-Competes Postponed Until October 2022

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Mayor Muriel Bowser signed the District of Columbia’s Ban on Non-Compete Agreements Amendment Act of 2020 (D.C. Act 23-563) (the Act) on January 11, 2021. The Act includes one of the most expansive bans on non-compete...more

Bradley Arant Boult Cummings LLP

New Tennessee Law Prohibits Many Employers from Requiring Proof of COVID-19 Vaccination Status, Creates Exemption Process for...

Employers in Tennessee need to hold off on requiring COVID-19 vaccine proof from employees because they might run afoul of a newly minted law. On November 12, Tennessee Gov. Bill Lee signed an omnibus COVID-19 bill into law...more

Perkins Coie

AMLA 2020 Series Part 2: New Bank Secrecy Act Whistleblower Provisions

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On New Year’s Day 2021, Congress passed the Anti-Money Laundering Act of 2020 (AMLA 2020). As we reported last April, the AMLA 2020 included sweeping reforms aimed at strengthening protections against money laundering,...more

Foley Hoag LLP

Massachusetts Supreme Judicial Court Broadly Interprets Anti-Retaliation Provision of Domestic Violence Leave Statute

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On August 25, 2021, the Massachusetts Supreme Judicial Court ruled in Osborne-Trussell v. Children’s Hospital Corporation that a nurse whose employment was terminated prior to her start date after disclosing to her employer...more

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