News & Analysis as of

Retaliation

Italy issues whistleblowing rules

by Allen & Overy LLP on

On 15 November 2017, the Italian Parliament approved a law (the Law) which amends some current Italian law provisions in order to introduce the regulation of the whistleblowing in Italy. The Law will enter into force upon...more

Chris Lazarini Provides Insight on Broker's Employment Retaliation Claims

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini provided insight on a case in which a former commodities broker claimed her former employers retaliated against her for filing a civil rights complaint by causing her new employer to...more

Beware the Rumor Mill: Massachusetts Court Finds Reporting of Rumored Office Romance May Be Protected Activity

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A Massachusetts federal court has found that reporting a rumored office romance and complaining about paramour favoritism can be protected activity that is protected by anti-retaliation laws. The court also...more

New Requirements For City Contractors and Subs Under Philadelphia’s Whistleblower Law

by Reed Smith on

On November 13, 2017, Mayor Kenney signed an Executive Order providing additional protections for whistleblowers, as well as specific requirements for city agencies, contractor, and subcontractors in addressing complaints,...more

New York Whistleblower Awarded Over $1 Million...For Now

Last Tuesday, a former JPMorgan wealth manager was awarded $1.13 million by a jury in the Southern District of New York for her claims under the whistleblower provisions of the Sarbanes-Oxley Act. Nonetheless, the staggering...more

Pay Equity Litigation – Even winning can be expensive!

by Fisher Phillips on

The Third Circuit’s affirmation of summary judgment in a pay equity case after ten years of litigation shows that even non-meritorious claims can be time-consuming and costly. As many who have been involved in lawsuits know,...more

Community Pharmacy to Pay $60,000 To Settle Equal Pay Discrimination Suit

San Diego Pharmacy Chain Paid Female Pharmacy Tech Less Than a Male Tech and Fired Her for Complaining, Federal Agency Charges - SAN DIEGO - CJMBS Pharmacies, Inc., dba Community Pharmacy, a pharmacy chain in north San...more

Ninth Circuit Orders Gross Ups for Back Pay Award

by Littler on

In a short published opinion, the U.S. Court of Appeals for the Ninth Circuit sided with the Third, Seventh and Tenth Circuits, and split with the D.C. Circuit, over whether a federal district court may award a “tax...more

The Supreme Court - November 13, 2017

by Dorsey & Whitney LLP on

Today, the Supreme Court granted certiorari in the three cases: Minnesota Voters Alliance v. Mansky, No. 16-1435: Is Minnesota Statute Section 211B.11, which broadly bans all political apparel at the polling place,...more

E.D. Virginia Allows FCA Whistleblower Retaliation Claim To Proceed

Background. Plaintiff worked with the Senior Advisor for Veteran Employment for the Department of Veteran Affairs (“Senior Advisor”) to develop an online veterans’ employment assistance program. The Senior Advisor’s husband...more

“Hope I don’t get AIDS. Just kidding. I’m white!”: How to get yourself fired for a Facebook post

by Dorsey & Whitney LLP on

Social media has created a minefield of concerns for both employees and employers. The news is full of stories of employees documenting their questionable off-duty conduct on social media, or posting comments containing...more

Can You Be Fired for Flipping off the President? Yes...Well...Maybe Not

by Dorsey & Whitney LLP on

There is a widespread myth in this country that the First Amendment protects free speech in the workplace. Employees who loudly state controversial opinions often think the First Amendment protects them from being fired as a...more

Unanimous Supreme Court Scolds Lower Court Over Appellate Deadline Rule - Translation: Sick SCOTUS Burn Over Hyper - Technical...

by Fisher Phillips on

In a unanimous decision, the U.S. Supreme Court ruled today that a federal procedural rule that allows a district court to extend an appeal deadline by no more than 30 days is a non-jurisdictional, mandatory claims processing...more

Following the Weinstein Allegations, Improving Workplace Culture

by Bryan Cave on

The wave of sexual harassment allegations against high profile media moguls such as Harvey Weinstein, Bill O’Reilly, and Mark Halperin has put sexual harassment issues in the public spotlight. All employers, even those not in...more

Fourth Circuit Finds Employer Not Liable for Terminating Employee Believed to Have Made False Report of Harassment

by Poyner Spruill LLP on

Can an employer be held liable under Title VII when it fires an employee based on a good faith belief that she falsely accused another employee of sexual harassment — even if that belief may have been based upon a mistake of...more

Checking In On GINA: Revisiting the EEOC’s Rules on the Genetic Information Nondiscrimination Act

by Fisher Phillips on

On May 16, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued regulations governing the treatment of wellness programs under the Genetic Information Nondiscrimination Act (“GINA”), as well as under the...more

October 2017: The Top 11 Labor And Employment Law Stories

by Fisher Phillips on

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 each month in 2017. October was no...more

'Honest Belief' of FMLA Misuse May Defeat Claims

by Pepper Hamilton LLP on

The Third Circuit Court of Appeals (which covers Pennsylvania) recently handed a victory to employers that struggle with employees who misuse Family and Medical Leave Act (FMLA) leave — particularly intermittent FMLA...more

Don’t Make a Habit of it, but Sometimes, Ignorance IS Bliss

by Dorsey & Whitney LLP on

As a general rule, of course, Human Resources Departments and company management want to be – and should be – well-informed about issues in the workplace, including employees unhappy enough to have raised claims of...more

Employer-Mandated Fingerprinting May be Religious Discrimination

Sincerely believing that fingerprinting is “the mark of the devil” may be enough to sue your employer for religious discrimination and retaliation in federal district court. On Monday, October 30th, Western District of...more

Some Disaster Relief Workers Are Protected Employees under USERRA

Hurricanes. Fires. Floods. Shootings. The evening news seems consistently laden with catastrophe. In times like these, a federal agency called the National Disaster Medical System (NDMS) often springs into action. The...more

Chicago Passes Ordinance Requiring Hotels to Provide “Panic Buttons” To Certain Employees

On October 11, 2017, the Chicago City Council passed the Hotel Workers Sexual Harassment Ordinance (the “Ordinance”), which requires Chicago hotels to develop anti-sexual harassment policies and provide employees who work...more

Lack of Bonus Plan Explanation Does Not Violate Sarbanes-Oxley

The Sarbanes-Oxley Act (SOX) prohibits publicly held employers from retaliating against employees who report illegal conduct that could have a material impact on shareholders. Since SOX was enacted, federal courts have issued...more

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

by McNees Wallace & Nurick LLC on

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

California Legislative Round-Up: Which Bills Survived the Governor’s Desk

In the days leading up the October 15 deadline, Governor Brown signed and vetoed a number of California labor and employment law bills that had recently passed by the September legislative deadline. Here is an overview on the...more

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