News & Analysis as of

Protected Activity Hiring & Firing Wage and Hour

Sherman & Howard L.L.C.

Know-Nothing Defense a Winner in Retaliation Cases

A recent case out of the Sixth Circuit, Mangold v. Norfolk Southern Railway Co. reminds employers of the importance of keeping an employee’s participation in protected activity on a need-to-know basis as a preventative...more

Seyfarth Shaw LLP

The Sixth Circuit Shows That Balancing ADA Obligations With Enforcement Of Workplace Rules Is Far From An Exercise In Futility

Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers face a tough challenge in trying to balance their obligations under the ADA with efforts to enforce workplace rules. A recent decision out of the United States Court of Appeals for the Sixth...more

Bradley Arant Boult Cummings LLP

Sixth Circuit to Employers: No ‘Magic Words’ Make a Sex Discrimination Complaint Title VII Protected Activity

Employers beware: An employee does not have to use “magic words” to complain about discrimination for it to lay the basis for a retaliation claim. The Sixth Circuit made this point in a unanimous opinion in the case of Mumm...more

Conn Maciel Carey LLP

OSHA Promulgates Final Rule on ACA Whistleblower Complaints

Conn Maciel Carey LLP on

On October 12, 2016, the Occupational Safety and Health Administration (“OSHA” or the “Agency”) announced that it had issued a Final Rule establishing procedures for the filing, evaluation, and litigation of whistleblower...more

Morrison & Foerster LLP - Social Media

A Negative Review May Be Protected Activity Under U.S. Employment Law

Yelp, Inc. is more accustomed to being on the giving—rather than the receiving—end of a negative review. That changed recently when a Yelp customer service employee, Talia Ben-Ora, posted an open letter to Yelp’s CEO on her...more

McAfee & Taft

Court rules informal complaint about overtime could be basis of FLSA retaliation claim

McAfee & Taft on

The number of overtime and minimum wage claims against employers under the Fair Labor Standards Act (FLSA) continues to rise, and with that rise comes the risk of FLSA retaliation claims. As a new case from the Tenth Circuit...more

Proskauer - California Employment Law

California Enacts a Raft of New Employment Legislation

The latest legislative session has just ended, and, true to form, the California Legislature has added more than a dozen new laws affecting employers doing business in the nation’s largest state.  These statutes are in...more

Akerman LLP - HR Defense

An Unsolved Problem? Claims of Post-Employment Retaliation by the (Formerly) Problem Employee

Most employers know that various employment laws prohibit retaliation against employees who engage in protected activity, such as those who complain of discrimination, report purportedly unlawful conduct, or support fellow...more

Fenwick & West LLP

Fenwick Employment Brief - April 2015

Fenwick & West LLP on

Ninth Circuit Reviews Enforceability of Waiver of Right to Reemployment - Does California Business and Professions Code § 16600 prohibit employees from waiving their right to reemployment with prior employers? The...more

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