On October 20, 2022, the Ninth Circuit reversed in part a grant of summary judgment in favor of an employer, finding that the district court misapplied the substantive law of California in holding that Plaintiff’s disclosures...more
11/3/2022
/ CA Supreme Court ,
California ,
Corporate Counsel ,
Federal Contractors ,
NEPA ,
Noncompliance ,
Retaliation ,
Summary Judgment ,
Whistleblower Protection Enhancement Act ,
Whistleblowers ,
Wrongful Termination
On October 7, 2022, OSHA announced that it had ordered ExxonMobil Corp. to immediately rehire two computational scientists who alleged that they were fired in retaliation for leaking to the media their concerns about improper...more
On July 20, 2022, the Tenth Circuit affirmed a $1 million jury award to a former employee who claimed he was demoted in retaliation for reporting that his supervisor instructed him to falsify test results on a program used by...more
On August 26, 2022, the U.S. Securities and Exchange Commission announced that it had adopted two amendments to its whistleblower program rules proposed earlier this year (see our post here).
The first amendment allows...more
On July 13, 2022, the First Circuit reversed a denial of summary judgment, finding plaintiff could not satisfy his burden of showing he engaged in protected activity under the SOX whistleblower protection provision. Baker v....more
In 2011, the U.S. Securities and Exchange Commission adopted Rule 21F- 17 under the Securities Exchange Act of 1934. It prevents companies from, among other things, using confidentiality agreements to impede whistleblowing to...more
On July 19, 2022, the SEC announced an award of more than $17 million award to a whistleblower who provided critical information and assistance to the SEC in a covered action and related action. (The order granting the award...more
On July 9, 2021, President Biden issued an Executive Order, in which he described the nation’s antitrust laws as the “first line of defense against the monopolization of the American economy” and encouraged the Federal Trade...more
7/6/2022
/ Acquisition Agreements ,
Anti-Competitive ,
Antitrust Provisions ,
Asset Purchase Agreements ,
Biden Administration ,
Competition ,
Corporate Sales Transactions ,
Enforcement Actions ,
Executive Orders ,
Federal Trade Commission (FTC) ,
FTC Act ,
Merger Agreements ,
Monopolization ,
Non-Compete Agreements ,
Restrictive Covenants ,
The Clayton Act
The #MeToo movement led to legislative action on the federal, state and local levels, as lawmakers imposed new and varied requirements on employers in an effort to prevent sexual harassment in the workplace.
Such measures...more
6/23/2022
/ #MeToo ,
Anti-Harassment Policies ,
Corporate Culture ,
Employer Liability Issues ,
Hostile Environment ,
Human Rights ,
Illinois ,
Labor Reform ,
Local Ordinance ,
Regulatory Requirements ,
Sexual Harassment
On June 1, 2022, the Seventh Circuit reversed the entry of summary judgment on a Family and Medical Leave Act (“FMLA”) claim, holding that an actual denial of an employee’s FMLA leave request is not necessary to constitute an...more
6/15/2022
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Labor Law Violations ,
Reasonable Accommodation ,
Title VII ,
Wage and Hour
On June 8, 2022, Colorado Governor Jared Polis signed Colorado House Bill 22-1317 (the “Bill”), which was passed by the Colorado Legislature on May 10, 2022. Effective 90 days from the end of the legislative session – on...more
6/13/2022
/ Contract Terms ,
Disparate Impact ,
Employer Liability Issues ,
Employment Contract ,
Former Employee ,
Hiring & Firing ,
Labor Reform ,
Low-Wage Workers ,
New Legislation ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws
On May 13, 2022, Illinois Governor J.B. Pritzker signed into law Senate Bill 3146 (the “Amendment”), amending the One Day Rest In Seven Act (“ODRISA”). The Amendment will go into effect on January 1, 2023.
Rest Days...more
On April 27, 2022, the Chicago City Council passed Ordinance 2022-665 (the “Ordinance”) amending the Municipal Code to enhance the City’s prohibitions on sexual harassment in the workplace. The amendments include, among other...more
5/20/2022
/ #MeToo ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Corporate Culture ,
Employer Liability Issues ,
Hostile Environment ,
Illinois ,
Labor Reform ,
Local Ordinance ,
Sexual Harassment ,
Sexual Orientation
On April 19, 2022, a California Appeals Court reversed and remanded a trial court’s grant of summary judgment in an employer’s favor, concluding there was a triable issue of material fact regarding whether a defendant had...more
Effective March 24, 2022, the Illinois Equal Pay Act (IEPA) was amended to require private businesses with more than 100 employees in Illinois to obtain an Equal Pay Registration Certificate (EPRC) by March 23, 2024, and...more
On April 14, 2022, the Seventh Circuit affirmed the entry of summary judgment on claims under the Illinois Whistleblower Act and Illinois Jury Act, concluding that the plaintiff was not terminated for engaging in protected...more
4/19/2022
/ Adverse Employment Action ,
Anti-Retaliation Provisions ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Illinois ,
Retaliation ,
State Labor Laws ,
Statutory Violations ,
Whistleblower Protection Policies ,
Whistleblowers
On February 10, 2022, the U.S. Securities and Exchange Commission announced two proposed amendments to its whistleblower program rules.
As we previously reported, a closely divided SEC adopted a final rule implementing...more
2/17/2022
/ Anti-Retaliation Provisions ,
Comment Period ,
Employer Liability Issues ,
Internal Reporting ,
Proposed Amendments ,
Public Comment ,
Regulatory Agenda ,
Retaliation ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Securities Violations ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers
On January 25, 2022, the Illinois Department of Labor (“IDOL”) issued notices to 625 Illinois businesses to inform them that they have until May 25, 2022 to submit their Equal Pay Registration Certificate (“Certificate”)...more
The California Supreme Court has resolved an inconsistency that has divided the courts as to the proper evidentiary standard necessary to prove a whistleblower retaliation claim....more
2/10/2022
/ Anti-Retaliation Provisions ,
Burden of Proof ,
CA Supreme Court ,
California ,
Evidence ,
Labor Code ,
Labor Reform ,
Retaliation ,
State Labor Laws ,
Whistleblower Protection Policies ,
Whistleblowers
On January 27, 2022, the California Supreme Court settled an inconsistency that has divided the courts of appeal with respect to the proper evidentiary standard for whistleblower retaliation claims under California Labor Code...more
On February 3, 2022, the Illinois Supreme Court ruled that the exclusivity provisions of the Illinois Workers’ Compensation Act (“IWCA”) do not bar a claim for statutory damages under the Illinois Biometric Information...more
2/4/2022
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Data Collection ,
Data Privacy ,
Employer Liability Issues ,
Employment Litigation ,
Personal Data ,
Personally Identifiable Information ,
Preemption ,
Statutory Damages ,
Statutory Interpretation ,
Workers Compensation Act ,
Workplace Injury
On January 6, 2022, the Seventh Circuit Court of Appeals held that the U.S. District Court for the Northern District of Illinois erred in denying class certification to putative subclasses of unsuccessful Black job applicants...more
1/19/2022
/ Civil Rights Act ,
Class Action ,
Class Certification ,
Department of Corrections ,
Disparate Impact ,
Employer Liability Issues ,
Employment Litigation ,
FRCP 23(f) ,
Hiring & Firing ,
Race Discrimination ,
Title VII ,
Workplace Exam Standards
2021 was another blockbuster year in the whistleblowing and retaliation arena. The U.S. Securities and Exchange Commission Office of the Whistleblower has now issued in excess of $1 billion in whistleblower...more
1/12/2022
/ Anti-Money Laundering ,
Antitrust Violations ,
Dodd-Frank ,
Employer Liability Issues ,
False Claims Act (FCA) ,
Internal Reporting ,
OSHA ,
Retaliation ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Theranos ,
Whistleblower Protection Policies ,
Whistleblowers
On November 17, 2021, the U.S. District Court for the Southern District of New York held that a company and its CEO violated Rule 21F-17 of the Exchange Act by entering into confidentiality agreements with investors that...more
12/17/2021
/ Confidentiality Agreements ,
Enforcement Actions ,
Investment ,
Investment Fraud ,
Investors ,
Regulatory Standards ,
Rule 21F-17 ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Securities Violations ,
Whistleblower Protection Policies ,
Whistleblowers
On November 17, 2021, the EEOC updated its technical guidance on COVID-19 and anti-discrimination with a new anti-retaliation section. The new section largely restates existing statutory anti-retaliation protections in the...more