News & Analysis as of

Workplace Injury Adverse Employment Action

Cole Schotz

Cannabis Testing in the New Jersey Workplace Just Got a Little Less Hazy

Cole Schotz on

On September 9, 2022, the New Jersey Cannabis Regulatory Commission (“CRC”) issued interim guidance (the “Guidance”) for employers regarding the employment protections passed for cannabis users last year pursuant to the New...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Supreme Court Ruling Expands Employers’ Potential Liability In Failure-To-Accommodate Disability Claims

The New Jersey Supreme Court has finally settled the issue of whether New Jersey employees must demonstrate the existence of an adverse employment action (i.e., transfer, suspension, failure to promote, termination, etc.) to...more

Morgan Lewis - Up & Atom

Sixth Circuit Rejects Chain-of-Events Theory of Causation in Whistleblower Cases

The US Court of Appeals for the Sixth Circuit’s recent favorable decision in Lemon v. Norfolk Southern Railway Corporation, announced its rejection of the chain-of-events theory of causation in whistleblower cases. In doing...more

Littler

Intent Matters in Asserting Whistleblower Retaliation Under the Federal Railroad Safety Act

Littler on

In Dakota, Minnesota and Eastern Railroad Corp. v. the Department of Labor, No. 18-2888 (8th Cir. Jan. 30, 2020), a case under the Federal Railroad Safety Act (FRSA), the Eighth Circuit reasserted that claimants must prove...more

Seyfarth Shaw LLP

Illinois Amends Recreational Cannabis Law To Protect Drug Testing By Employers

Seyfarth Shaw LLP on

Earlier this month, Governor Pritzker signed into law SB 1557, revising the Recreational Cannabis Law to expand permissible marijuana testing and related adverse action....more

Bradley Arant Boult Cummings LLP

My Safety Complaint Was Unsafe for My Continued Employment

OSHA Safety Retaliation – What Is It? Virtually every employee protection law, federal or state, has some sort of anti-retaliation provision. The federal Occupational Safety and Health Act is no exception. The Occupational...more

Franczek P.C.

School Resource Officers Not Entitled to Law Enforcement Disability Benefits

Franczek P.C. on

A recent Illinois Appellate Court decision addressed the question of whether School Resource Officers (“SROs”) employed by school districts are entitled to district-paid disability and health insurance benefits for “law...more

McNees Wallace & Nurick LLC

Workers’ Compensation Settlements: Are You Protected Against Future Employment Claims?

Picture this. You have just settled a problem workers’ compensation case and you or your carrier have disbursed settlement checks totaling $100,000 in exchange for a full and complete compromise and release of “any and all...more

Akerman LLP - HR Defense

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

Akerman LLP - HR Defense on

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

Obermayer Rebmann Maxwell & Hippel LLP

Lawsuit Bait: Reimagining the Revenant in Today’s Litigious World

Although the Oscars are eleven days away, it seems that the online collective of paid critics, amateur bloggers, and self-professed film buffs has already announced the “rightful winners.” Whatever the Academy Awards...more

Proskauer - Whistleblowing & Retaliation

ARB Broadly Interprets Adverse Action Once Again

On November 24, 2015, the ARB adopted an expansive interpretation of what constitutes an adverse action for claims asserted under the Federal Railroad Safety Act of 1982 (FRSA), holding that a reduced performance rating with...more

Franczek P.C.

When an Employee Falls Off a Ladder at Work, is His Absence Covered by FMLA? An Employer's Misstep Discussed...

Franczek P.C. on

Note to self: When one of my employees: -falls off a ladder at work, is taken to urgent care by the company’s HR Director, asks whether the FMLA would apply to his absence, then, as a result of his doctor’s orders,...more

Polsinelli

Breaking News: Missouri Supreme Court Abandons "Exclusive Causation" Standard For Workers' Compensation Retaliation

Polsinelli on

The Missouri Supreme Court ruled Tuesday that plaintiffs claiming workers' compensation retaliation need only prove that their workers' compensation claims were a "contributing factor" to any adverse employment action. The...more

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