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The California Legislature was unusually active this year. Significantly, California increased the state minimum wage, created new “unfair immigration-related practices,” and expanded protections for whistleblowers. All laws...more
Legislation proposed by a member of the New Jersey Senate would amend the Law Against Discrimination, Conscientious Employee Protection Act, and Worker Freedom from Employer Intimidation Act to extend legal protections and...more
Sandra Wallace, Partner and Employment group head, highlights the most important legislative and case law developments from 2013 and identifies the key cases to watch out for in 2014. ...more
A unanimous New Jersey Supreme Court has eased the standard for employees bringing retaliation claims in a ruling that has positive and negative consequences for employers....more
The salesman you hired about six months ago just doesn’t seem to be working out. He’s not meeting his numbers and he hasn’t picked up on your concern regarding his performance. Moreover, some of the female employees in the...more
Let’s start with the statistics. Last year, there were 99,412 EEOC charges filed; 37,836 of them – more than one out of every three – asserted retaliation. Put differently, more charges of retaliation were filed than any...more
Not every case can be a U.S. Supreme Court case filled with sweeping pronouncements on employment law.
What does “at-will” employment mean: You might be inclined to think that it means that employees serve at the will of the master, or at the master’s pleasure. While this historically makes sense, “at-will” employment is...more
The Occupational Safety and Health Administration (OSHA) has issued its interim final rule regarding procedures for handling retaliation complaints under the Affordable Care Act's (ACA) Section 1558. +29 USCS § 218c....more
In this Issue:
- California Supreme Court Revises Jury Instructions And Trial Procedures In Discrimination Cases, Harris v. Superior Court, 56 Cal. 4th 203 (2013)
- Employee Who Exhausted Four Months Of...more
A terminated employee brought claims against his former employer for wrongful termination in violation of the California False Claims Act (“CFCA”), public policy, and the whistleblower protections provided by the Labor Code. ...more
Brian McVeigh v. Recology San Francisco et al.
Court of Appeal, First District (January 31, 2013)
Under the California False Claims Act (“CFCA”), whistleblowers are given protection when they disclose information to...more
According to the Equal Employment Opportunity Commission (EEOC), retaliation claims rose again in fiscal year 2012, the sixth year in a row. Given the costly and time-consuming nature of an EEOC investigation and lawsuit,...more
The New York City Council recently passed a proposed law (Bill 814-A) that would prohibit employers in the city from discriminating against unemployed individuals. Although Mayor Bloomberg has promised to veto the bill, the...more
New legal ground is expected to be broken this year in areas of importance to companies and their directors, officers and executives. We see those developments coming from around the globe and defining the litigation...more
Maine employers should be aware the Supreme Judicial Court of Maine has held that supervisors cannot be held individually liable under the Maine Human Rights Act (MHRA) or the Maine Whistleblower's Protection Act (MWPA). See...more
The California legislature was particularly busy this past session in enacting new laws that directly affect employers in 2013. The new laws address a wide variety of topics, including social media protections for employees;...more
Web sites abound advising employees they can make “millions” by blowing the whistle on their employers for alleged violations of laws, rules, or regulations. The federal law known as the False Claims Act (FCA) also contains...more
Employment Bulletin -
We wish all of our clients and friends a happy and prosperous New Year. This annual report from Greenberg Glusker’s Employment Department summarizes the new laws that will affect California...more
Governor Jerry Brown recently signed bills enacting several new employment statutes. Below are brief explanations of these new laws that affect employers in California. It should be noted that the Governor vetoed AB 1450,...more