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Fifth Circuit Revives SOX Whistleblower Claim But Rejects Allegations Not Exhausted Before OSHA

In Wallace v. Tesoro Corp., the Fifth Circuit revived a SOX whistleblower complaint that was dismissed by the U.S. District Court for the Western District of Texas, finding that the plaintiff’s alleged belief that the company...more

ARB Issues Impactful Decision On Whistleblower Retaliation Causation Standard

The ARB recently addressed the standard for proving that protected activity was a “contributing factor” in adverse employment actions. It concluded that evidence showing that an employer would have made the same adverse...more

Amendment to NYC Human Rights Law Provides New Whistleblower Protections

On March 13, 2013, the New York City Council overrode Mayor Bloomberg’s veto of a new Local Law that amends the New York City Human Rights Law (“NYCHRL”) to prohibit discrimination against job applicants based on their...more

2012 EEOC Year in Review – Retaliation Charges Continue to Rise

According to a recently released report, the EEOC received more retaliation charges in 2102 than in any prior year. And, in 2012, it received more retaliation charges than in any other individual category....more

Whats A Protected Complaint Under The FLSA’s Anti-Retaliation Provision?

On December 26, 2012, the Eleventh Circuit issued a ruling that strengthens defenses to “protected activity” in FLSA retaliation actions. Miller v. Roche Surety & Casualty Co., Inc., No. 12-cv-10259 (11th Cir. Dec. 26, 2012)...more

Key Indicia Of Retaliation In FLSA Action

The U.S. Court of Appeals for the Seventh Circuit recently denied an employer’s motion for summary judgment in a closely watched FLSA retaliation case based on circumstantial evidence of a causal nexus between protected...more

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