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Appellate Court Rejects NLRB’s Findings in Employer Surveillance Case as “Nonsense”

Declaring the NLRB’s rationale to be “nonsense,” on March 26, 2024, a unanimous three-judge panel for the United States Court of Appeals for the District of Columbia in Stern Produce Company Inc v. NLRB, refused to enforce...more

CFTC Releases FY 2023 Annual Report on its Whistleblower Program

The Commodity Futures Trading Commission (“CFTC”) recently released its statutorily mandated 2023 Annual Report detailing the status of its whistleblower program for the fiscal year ending on September 20, 2023. The...more

New GC Memo Providing Guidance on Cemex Decision

As recently discussed, the National Labor Relations Board (“NLRB”) issued a major decision this summer in Cemex Construction Materials Pacific, LLC, 372 NLRB No. 130 (2023). The decision gave labor unions the upper hand in...more

Illinois Federal Court Grants Employer Summary Judgment on Several Types of Whistleblower Retaliation Claims

On May 5, 2023, the U.S. District Court for the Northern District of Illinois granted a defendant-employer’s motion for summary judgment on whistleblower retaliation claims, holding that the company demonstrated that it would...more

EEOC Releases Technical Document on AI and Title VII

On Thursday May 18, 2023, the Equal Employment Opportunity Commission (“EEOC”) released a new technical assistance document titled Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in...more

New Proposed Rules on New York City Law to Regulate Use of Automated Hiring Tools

On Friday, September 23rd, the New York City Department of Consumer and Worker Protection issued a Notice of Public Hearing and Opportunity to Comment on Proposed Rules (“Proposed Rules”) related to Local Law 144 (“the Law”),...more

SEC Releases FY 2021 Whistleblower Program Annual Report

On November 15, 2021, the SEC published its annual report to Congress covering the period from October 1, 2020 to September 30, 2021.  The report was prepared by the SEC’s Office of the Whistleblower to summarize its...more

Employee Disability and Cannabis Oil Protections Set to Take Effect in Virginia

Quick Hit: Two new laws in Virginia providing disability discrimination protections and protections for medicinal use of cannabis oil for employees go into effect July 1, 2021. Key Takeaway: Virginia, once known as a...more

New Maryland COVID-19 Workplace Safety Law

Quick Hit: Maryland has joined Virginia and New York in enacting a COVID-19 workplace safety law (HB 581), the Maryland Essential Workers’ Protection Act (the “EWPA” or the “Act”). The law imposes workplace requirements on...more

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

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

NLRB General Counsel Promises “Vigorous” Enforcement of Employees’ Rights to Engage in Workplace Advocacy Related to Social Issues...

On March 31, 2021, the NLRB’s Acting General Counsel Peter Ohr issued a Memorandum entitled “Effectuation of the National Labor Relations Act through Vigorous Enforcement of Mutual Aid or Protection and Inherently Concerted...more

NLRB Suffers Significant Turnover in Agency Staffing

In a report released on March 29, 2021, the Governmental Accountability Office (“GAO”) announced that between fiscal years 2010 and 2019, the National Labor Relations Board (“NLRB”) experienced a 26% decrease in total staff....more

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