Employer Liability Issues Anti-Retaliation Provisions

News & Analysis as of

NLRB Joins Other Federal Agencies in Combatting Retaliation

Several federal agencies have joined forces to release a joint Fact Sheet highlighting the various anti-retaliation provisions of the workplace laws these agencies enforce. “Retaliation Based on the Exercise of Workplace...more

Q&A with Paula Williams: Guidelines allow voluntary employer wellness programs

Guidelines allow voluntary employer wellness programs - Q: A federal court recently heard a case involving a corporate wellness program. What was the basis for the Equal Employment Opportunity Commission (EEOC) lawsuit...more

OSHA “Clarifies” Employers’ Injury and Illness Recordkeeping Obligations

In the closing days of the Obama Administration, the Occupational Safety and Health Administration (OSHA) has issued a final rule that “clarifies” employers’ “continuing obligation” to make and maintain an accurate record of...more

Auto Industry Faced With New OSHA Retaliation Rule

On December 14, 2016, the Occupational Safety and Health Administration (OSHA) published its final rule establishing procedures and time frames for handling automotive industry employees’ whistleblower retaliation complaints...more

Federal court ruling means OSHA drug testing limitations are now live

As we previously discussed, the U.S. Occupational Safety and Health Administration made waves earlier this year with its newly announced position that employers who conduct post-accident drug or alcohol testing might violate...more

Anti-Retaliation Provision of OSHA’s Final Rule Is Now In Effect

As we previously reported, in May, 2016, the Occupational Safety and Health Administration (OSHA) announced a final rule changing the way it collects, and employers report, workplace injury and illness data. Under these new...more

City of Los Angeles Mayor to Sign Long-Awaited and Onerous “Ban the Box” Law

In the next week, Los Angeles Mayor Eric Garcetti is expected to sign the Fair Chance Initiative for Hiring (Initiative), which will prohibit most private sector employers from inquiring into a job applicant’s criminal...more

Employers Should Review Their Drug Testing Policies To Avoid Possible OSHA Penalties

Effective November 1, 2016, employers now face several new requirements from OSHA relating to injury and illness reporting. Among other requirements that went into effect, employers should now post OSHA’s “It’s the Law”...more

OSHA’s New Anti-Retaliation Workplace Illness and Injury Reporting Rule: How Employers Can Prepare

On November 28, 2016, the U.S. District Court for the Northern District of Texas denied a preliminary injunction that sought to block the nationwide implementation of the new Occupational Safety and Health Administration’s...more

OSHA’s Regulation of Post-Accident Drug and Alcohol Testing to Become Effective, For Now

On November 28, 2016, a federal district court issued an order that allowed OSHA to move forward with implementation of its controversial standards related to mandatory post-accident drug testing programs and incident-based...more

OSHA Anti-Retaliation Rule Will Take Effect December 1

A federal judge on November 28 refused to block implementation of the anti-retaliation provisions of OSHA’s recordkeeping and reporting rule scheduled to take effect December 1, 2016. The business groups challenging the rule...more

OSHA Issues Awaited Guidance Concerning Injury Reporting and Anti-Relation Obligations, Yet Leaves Unanswered Questions for...

For many years the Occupational Safety and Health Administration (OSHA) has expressed significant concerns regarding its belief that regulated employers have been underreporting employee injuries or illnesses to OSHA and even...more

Lessons From the EEOC's General Counsel's Retrospective: Top Ten Litigation Developments and the Effective Employer's Response

On October 7, 2016, the General Counsel of the U.S. Equal Employment Opportunity Commission ("EEOC"), P. David Lopez, presented "The EEOC's Top Ten Litigation Developments" at an employment law symposium sponsored by Ward and...more

OSHA Issues Guidance on How it Will Enforce New Anti-Retaliation Regulation

Soon after delaying the effective date of §1904.35 for a second time, this time until December 1, the Occupational Safety and Health Administration posted formal guidance on its website explaining how the Agency interprets...more

OSHA Clarifies Its “Just Say No” to Automatic Post-Accident Drug-Testing Position

How do employers reconcile automatic drug-testing required by workers’ compensation laws with the provisions of OSHA’s new Rule saying that automatic testing could be retaliatory? Following our recent blog on that issue, many...more

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

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