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Employer Liability Issues Anti-Retaliation Provisions Department of Labor (DOL)

Troutman Pepper

US DOL Updates Prevailing Wage Rules for Construction Industry

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On August 8, the U.S. Department of Labor (DOL) published final rules changing the method by which prevailing wages will be calculated for federally funded construction projects. The final rules were adopted after publication...more

Foley Hoag LLP

OSHA Announces Interim Final Rule on Antitrust Whistleblower Retaliation Claims

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The Occupational Safety and Health Administration (“OSHA”) of the U.S. Department of Labor has released a new rule that will give antitrust whistleblowers added protection against retaliation. The new rule establishes...more

Jackson Lewis P.C.

Practical Guidance to Mitigate Risks to Employers of “Bad Actors” Who Engage in Retaliatory Acts

Jackson Lewis P.C. on

The Biden Administration recently announced increased coordination between EEOC, the US DOL and the NLRB to strengthen an intra-agency approach focused on combatting unlawful workplace retaliation. The approach will raise...more

Harris Beach PLLC

New York State Launches Hotline For Complaints of Workplace Sexual Harassment

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In March of 2022, New York Governor Kathy Hochul signed legislation directing the New York State Division of Human Rights (“DHR”) to establish a toll-free confidential hotline designed to provide counsel and assistance to...more

White and Williams LLP

Federal Agencies Join Forces To Combat Employer Retaliation

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The National Labor Relations Board (NLRB), the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor (DOL) are joining forces to combat employer retaliation. The agencies plan to coordinate...more

Epstein Becker & Green

#WorkforceWednesday: OSHA ETS Moves to the Sixth Circuit, Federal Agencies Join to Combat Workplace Retaliation, NY Increases...

Epstein Becker & Green on

This week, the Occupational Safety and Health Administration’s (OSHA’s) vaccine emergency temporary standard (ETS) is currently in the hands of the Sixth Circuit, while New York employers have several updates to look out for...more

Jackson Walker

OSHA’s Emergency Temporary Standard for Occupational Exposure to COVID-19

Jackson Walker on

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) COVID-19 workplace safety rules have been long in the making. On June 10, 2021, OSHA finally issued those rules in the form of an Emergency...more

Butler Snow LLP

Avoiding Safety-Based Workplace Retaliation Claims

Butler Snow LLP on

There finally seems to be a light at the end of the dark, COVID-19 pandemic tunnel. As spring transitions to summer, COVID-19 case numbers are decreasing while the vaccination rate is increasing. Given these positive...more

Littler

The Department of Labor Establishes New Whistleblower Protocols

Littler on

On February 19, 2021, the U.S. Department of Labor announced that the Occupational Safety and Health Administration (OSHA) will oversee worker retaliation complaints filed under the Criminal Antitrust Anti-Retaliation Act...more

Morgan Lewis - Up & Atom

OSHA to Investigate Whistleblower Complaints under Criminal Antitrust Anti-Retaliation Act and Anti-Money Laundering Act

The US Department of Labor (DOL) announced on February 19 that the Occupational Safety and Health Administration (OSHA) will begin investigating whistleblower complaints of retaliation under the Criminal Antitrust...more

Proskauer - Whistleblower Defense

ARB Affirms Dismissal of SOX Whistleblower Claim for Lack of Protected Activity

On December 17, 2020, the Administrative Review Board (“ARB”) of the U.S. Department of Labor affirmed the dismissal of a former employee’s whistleblower retaliation claim under Section 806 of SOX.  The ARB concluded that the...more

The Rodman Law Group, LLC

Mandatory Covid-19 Employee Sick Leave in Colorado: Is Your Business Compliant?

Although we are all more than familiar with the Covid-19 pandemic, Colorado businesses may not be aware of new employee sick leave laws, presently in effect, relating to the pandemic. Pursuant to the Healthy Families and...more

Epstein Becker & Green

Philadelphia Enacts Protections for COVID-19 Whistleblowers

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Philadelphia is making sure employers err on the side of caution when it comes to COVID-19. As of June 26, 2020, Philadelphia-based employees have additional protections from retaliation through the unanimously passed the...more

Fisher Phillips

June 2020: The Top 21 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Proskauer - Whistleblower Defense

COVID-19 Whistleblower Protection Bill Introduced Into Congress

On June 15, 2020, Senator Kamala Harris and Representatives Jackie Speier and Jamie Raskin introduced the COVID-19 Whistleblower Protection Act (the “Act”), which seeks to provide protections for employees who blow the...more

Epstein Becker & Green

New Jersey DOL Issues Regulations Implementing COVID-19 Anti-Retaliation Law

Epstein Becker & Green on

On March 20, 2020, New Jersey Governor Phil Murphy signed legislation (“Law”) prohibiting employers from taking any adverse employment action against employees who take, or request, time off due to an infectious disease that...more

Morgan Lewis - Up & Atom

Whistleblower Complaint Dismissed Based on Employer’s Reasonable Steps to Ensure Employee Safety

The US Department of Labor (DOL) Administrative Review Board (ARB) recently issued a decision in the case of Evans v. US Environmental Protection Agency, ARB Case No. 2017-0008, ALJ Case No. 2008-CAA-00003 (ARB Mar. 17,...more

FordHarrison

The Gig is Up – New Jersey Misclassification Laws Create Extreme Risk for Anyone Utilizing Independent Contractors

FordHarrison on

Soon after being elected, New Jersey’s Governor created a task force to end misclassification of independent contractors, and the state’s Department of Labor and Workforce Development (DOL) began increasing audits and its...more

Epstein Becker & Green

New York Law Prohibits Discrimination Based on Employees’ Reproductive Health Decisions

Epstein Becker & Green on

On November 8, 2019, Governor Cuomo signed A584/S660 (“Law”) into law, one bill in a series of legislation meant to protect reproductive health rights. Under the Law, all New York employers are prohibited from discriminating...more

Polsinelli

DOL Implements Procedures for New Tax Whistleblower Claim Under Taxpayer First Act

Polsinelli on

On September 11, 2019, the Department of Labor announced that whistleblower retaliation complaints under the Taxpayer First Act (TFA) will be handled by the Occupational Safety and Health Administration (OSHA). ...more

Cozen O'Connor

Employment Law Now: III-49- A Conversation With The Department of Labor in NY

Cozen O'Connor on

Host Michael Schmidt is joined by Rebecca Nathanson, the Director of the Anti-Retaliation Unit and Counsel to Labor Standards at the New York Department of Labor to discuss issues ranging from the Department’s investigation...more

Harris Beach PLLC

Amendment Adds Protections for Immigrant Workers in Wage and Hour Complaints

Harris Beach PLLC on

Continuing a busy summer of changes, on July 29, 2019, Governor Cuomo signed an amendment to New York state’s Labor Law that adds protections for employees who complain of suspected wage-and-hour violations. The amendment is...more

Mintz - Employment Viewpoints

New York To Curb Employer Use of Applicant and Employee Wage and Salary History

Just days before concluding its legislative session, the New York Legislature enacted a law focusing on an employer’s acquisition and use of applicant and employee wage and salary history when making decisions regarding...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

BCLP

Does An Employer Have FMLA Obligations Even Before An Employee Satisfies the Eligibility Requirements For Taking FMLA Leave?

BCLP on

In a word: Yes. In fact, there are many. The most notable obligation under the Family and Medical Leave Act – the obligation to provide protected leave for a qualifying reason – does not apply until the employee has become...more

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