News & Analysis as of September 20, 2024

Anti-Retaliation Provisions

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Michigan Supreme Court Expands Retaliation Liability Under Michigan’s Civil Rights Act

Bodman on 6/4/2024

The Michigan Supreme Court’s recent ruling in the case of Miller v. Department of Corrections expands the scope of retaliation claims under the Elliott-Larsen Civil Rights Act (ELCRA). This decision could have important...more

Protecting the Protectors: In Murray v. UBS, the U.S. Supreme Court Articulates the New Standard for SOX Whistleblower Claims

Dorsey & Whitney LLP on 2/13/2024

On February 8, 2024, the United States Supreme Court issued its unanimous decision in Murray v. UBS Securities, LLC, concluding there is no implicit “retaliatory intent” requirement for whistleblower claims brought under the...more

Jane Turner: From FBI Whistleblower to Whistleblower Advocate

Kohn, Kohn & Colapinto LLP on 3/15/2023

From oustee to advocate, former FBI agent Jane Turner continues to uplift whistleblowers while sharing her personal story exposing widespread misconduct and cover-ups within the Federal Bureau of Investigation (FBI)....more

The Second Circuit Creates a Circuit Split on Whistleblower Claim Standards

Seyfarth Shaw LLP on 9/20/2022

In a decision with potentially wide-ranging implications for federal whistleblower protection law, the Second Circuit has held that plaintiffs who allege they were punished by their employers for whistleblowing activity, and...more

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

Proskauer - Whistleblower Defense on 7/18/2022

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

Seventh Circuit Affirms Summary Judgment Ruling Against Illinois Employee Who Refused to Participate in Sale of Product Banned in...

Jackson Lewis P.C. on 6/14/2022

A recent Seventh Circuit decision interpreting Illinois law affirmed the district court’s ruling that an employee’s refusal to engage in activity illegal in New York, but not in Illinois, was neither protected under the...more

7th Cir. Affirms Summary Judgment On Illinois Whistleblower Act and Illinois Jury Act Retaliation Claims

Proskauer - Law and the Workplace on 4/19/2022

On April 14, 2022, the Seventh Circuit affirmed the entry of summary judgment on claims under the Illinois Whistleblower Act and Illinois Jury Act, concluding that the plaintiff was not terminated for engaging in protected...more

Whistleblower Protections for Employees Expand in New York

Epstein Becker & Green on 11/22/2021

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

New York dramatically expands whistleblower protection law with sweeping amendments

Hogan Lovells on 11/1/2021

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

Route 22 Sports Bar / Crazy Mexican Restaurant & Grill to Pay $217,500 to Settle EEOC Sexual Harassment / Retaliation Suit

U.S. Equal Employment Opportunity Commission... on 10/22/2021

Restaurants Subjected Female Employees to Sexual Harassment and Fired Bartender When She Complained, Federal Agency Charged - WHEELING, W.V. – Route 22 Sports Bar, Inc. and Crazy Mexican Restaurant & Grill, LLC, two...more

Fired Employee Alleges Employer Unlawfully Retaliated Against Him For Complaining of PPP Fraud

Dorsey & Whitney LLP on 9/28/2021

Civil litigation by private parties alleging False Claims Act (“FCA”) violations related to Paycheck Protection Program (“PPP”) fraud appears to be heating up. On September 22, 2021, a former restaurant manager filed a...more

Massachusetts Employers Must Exercise Caution: “Implicit” Domestic Violence Leave Requests Could Lead to Liability

Fisher Phillips on 9/3/2021

The highest court in Massachusetts just ruled that employers may be subject to liability under the state’s domestic violence leave law even if employees don’t explicitly request such leave, creating a potential liability trap...more

Massachusetts High Court’s Ruling on the Domestic Violence and Abuse Leave Act Holds Lessons for Employers

Littler on 9/3/2021

On August 25, 2021, the Supreme Judicial Court (SJC), the highest court in Massachusetts, ruled on the elements of a retaliation claim under the Domestic Violence and Abuse Leave Act (DVLA)....more

Seven Important Considerations for Arizona Employees Who Blow the Whistle on Their Employer

Jaburg Wilk on 7/14/2021

A whistleblower is a term used in employment law for any employee who raises concerns about unlawful conduct. Arizona has a comprehensive whistleblower law that protects whistleblowers. This law makes it unlawful for an...more

COVID-19 Whistleblower Lawsuits Continue to Target Healthcare Employers, Revealing Risks of Hasty Decision Making

Fisher Phillips on 6/4/2021

Fisher Phillips’ COVID-19 Employment Litigation Tracker continues to report that the healthcare industry is the hardest hit by COVID-19 employment litigation. As of the beginning of June, more than one in five of every...more

M.D. Pennsylvania Grants Summary Judgment on SOX Retaliation Claim

Proskauer - Whistleblower Defense on 5/14/2021

On April 12, 2021, the U.S. District Court for the Middle District of Pennsylvania granted a defendant-employer’s motion for summary judgment on a SOX whistleblower retaliation claim, holding that the company demonstrated...more

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

Polsinelli on 4/2/2021

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

EMPLOYERS BEWARE: California Labor Commissioner Issues ‘Retaliation’ Fine After Employee Complaints about COVID Safety Measures

CDF Labor Law LLP on 2/24/2021

California’s Labor Commissioner issued a $125,913 fine against a McDonald’s franchisee for retaliating against its former employee who allegedly complained about COVID safety issues before being terminated. The Labor...more

2021 Employment Law Changes That Illinois and Chicago Employers Need to Know About

Clark Hill PLC on 1/6/2021

The beginning of 2021 saw the advent of new employment laws for employers with operations and employees located in the State of Illinois and the City of Chicago. Here are some of the new state and local laws that employers in...more

[Virtual Event] Hinshaw’s 25th Annual Labor & Employment Seminar - October 26th - 30th, 10:00 am - 11:00 am PT

Hinshaw & Culbertson LLP on 10/20/2020

Join us for Hinshaw's 25th Annual Labor & Employment Seminar, for a week of practical and engaging virtual programming. We are offering the seminar free of charge this year, allowing unprecedented access for those who may...more

Chicago Amends and Clarifies Its COVID-19 Anti-Retaliation Ordinance

Seyfarth Shaw LLP on 7/14/2020

Seyfarth Synopsis: We previously wrote about Chicago’s COVID-19 Anti-Retaliation Ordinance here, which protects Chicago employees who remain at home for complying with public health orders or for other COVID-19 related...more

Chicago Prohibits Retaliation Against Employees Who Follow Orders Requiring Them to Stay at Home

Akerman LLP on 6/2/2020

Employees in Chicago have been granted new protections if they must stay at home to comply with a state or local stay order or to care for someone under such an order under a new Chicago City Council ordinance enacted late...more

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

Hinshaw & Culbertson - Employment Law... on 5/22/2020

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

DOL Administrative Review Board Fails to Clarify Test for Whether a Contractor Is a ‘Covered Employee’

Morgan Lewis - Up & Atom on 5/13/2020

One threshold issue in whistleblower cases involving alleged retaliation is whether a complainant who is not a direct employee is nonetheless a “covered employee.” ...more

The Gig is Up – New Jersey Misclassification Laws Create Extreme Risk for Anyone Utilizing Independent Contractors

FordHarrison on 1/22/2020

Soon after being elected, New Jersey’s Governor created a task force to end misclassification of independent contractors, and the state’s Department of Labor and Workforce Development (DOL) began increasing audits and its...more

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