News & Analysis as of

Retaliation Complaint Procedures

Society of Corporate Compliance and Ethics...

[Virtual Event] Encouraging, Managing, and Integrating Employee Reporting - May 4th, 8:25 am - 5:30 pm CT

Do you need guidance on how to create a “speak up” culture where employees feel safe voicing compliance and ethics concerns? Do you know how to follow up on reports in a way that prevents reputational and financial damage to...more

FordHarrison

Goodbye to Good Girls: A Lesson on Avoiding Retaliation Claims

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Note: Includes spoilers for NBC’s Good Girls - What can NBC’s Good Girls teach us about retaliation claims at work? Let’s find out. - It’s so hard to say goodbye. (Cue Boys II Men, and pass the tissues.) After four...more

Epstein Becker & Green

Workplace Violence Rises During COVID-19 - Employment Law This Week®

Epstein Becker & Green on

Workplace incidents — ranging from shootings and assaults to less severe violence — have spiked across a variety of industries during the COVID-19 pandemic. Attorney Beth McManus discusses the steps employers can take to...more

Seyfarth Shaw LLP

A Look Behind The EEOC Curtain: Enforcement Statistics Show Fewer Charges Filed In 2019, But Monetary Recoveries Ticked Up In Some...

Seyfarth Shaw LLP on

Seyfarth Synopsis: The EEOC recently released its enforcement and litigation statistics for Fiscal Year 2019. Notably, the statistics indicate that 2019 saw the lowest number of charges filed in over 20 years, though there...more

Dechert LLP

Legislation and Case Law in France / Second Half-Year 2019

Dechert LLP on

Prevention of occupational hazards and management of matters related to safety and the protection of health at work are major concerns for all those involved in labor law. This newsletter reviews five notable court...more

Robins Kaplan LLP

Financial Daily Dose 12.18.2019 | Top Story: Fiat Chrysler and Peugeot Boards Agree to $50 Billion Merger

Robins Kaplan LLP on

Fiat Chrysler and rival Peugeot have agreed to binding merger terms that, if approved by US and European regulators, would create a “$50 billion auto giant that would rank among the world’s largest car companies by sales”....more

Seyfarth Shaw LLP

Whistle While You Work: OSHA Whistleblower Liability Expands

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Seyfarth Synopsis: Employers face growing numbers of OSHA whistleblower complaints from aggrieved employees, largely alleging that they faced discipline and discharge on account of safety complaints. The Agency’s recent...more

Littler

Ontario, Canada: A Tale of Violence and Harassment in the Workplace and Judicial Sanctions for an Employer that Handled it Poorly

Littler on

As employment lawyers that represent management, we invariably counsel our clients that they must treat complaints of harassment in the workplace seriously, and take immediate steps to investigate them.  A recent case,...more

Spilman Thomas & Battle, PLLC

The Rumor Mill: A Case Study on Workplace Conduct - How Perpetuating Workplace Rumors Can Create Employer Liability for Gender...

On February 8, 2019, the Fourth Circuit ruled an employer can be liable for gender discrimination for spreading false rumors that a female employee slept with her male boss to obtain a promotion. Parker v. Reema Consulting...more

Bass, Berry & Sims PLC

Fourth Circuit Weighs in on Standards for Pleading Presentment and Retaliation

On December 26, 2018, the U.S. Court of Appeals for the Fourth Circuit issued an opinion in United States ex rel. Grant v. United Airlines affirming dismissal of the relator’s False Claims Act (FCA) allegations on the grounds...more

Bradley Arant Boult Cummings LLP

Don’t Ignore the Kissing Supervisor—Court Rules that Employer’s Knowledge of Past Behavior Negates Faragher-Ellerth Defense

Employment lawyers and most HR professionals are familiar with the Faragher-Ellerth defense to a claim of sexual harassment. In short, if an employer can show that (1) it exercised reasonable care to prevent and correct...more

Bradley Arant Boult Cummings LLP

Court Not So Hostile to Employer in Hostile Work Environment Case

Lest you think that no one can win a hostile work environment claim, we have some positive news from the Second Circuit. In Russell v. New York University, et al., the court issued a summary order (which does not have...more

Bass, Berry & Sims PLC

Chris Lazarini Provides Insight on Broker's Employment Retaliation Claims

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

NAVEX

When Managing Whistleblower and Retaliation Risk, Tools are Important – Processes and People are Critical

NAVEX on

One collection of terms I hear a lot is “tools, processes and people.” All three need to be successfully deployed to make a compliance program run properly while also creating an organizational culture that supports...more

Foley & Lardner LLP

Watch Out for the Cat’s Paw - Employers May Be Accountable for Low-Level Employee Actions

Foley & Lardner LLP on

In the world of employment law, there is something called the “Cat’s Paw” theory of liability. The name comes from a fable dating back to the 17th century in which a clever monkey persuades a naïve cat to pull roasting...more

Proskauer - Whistleblowing & Retaliation

OSHA Releases Final Dodd-Frank Whistleblower Regulations

OSHA recently released its final rule implementing the whistleblower provisions of the Consumer Financial Protection Act of 2010 (“CFPA”).  The following are the key features of the rule...more

Morgan Lewis

Amended California FEHA Regulations (Effective April 1, 2016)

Morgan Lewis on

All employers with employees in California should carefully review harassment, discrimination, and retaliation policies and practices to ensure compliance with amended FEHA regulations. New Requirements for a Written...more

Zelle  LLP

Encouraging Employee Complaints. Yes, We’re Serious.

Zelle LLP on

Last Friday, a Yelp employee posted an open letter to her CEO, describing how her customer service job in San Francisco does not pay enough to allow her to buy groceries or see a doctor. Within 24 hours of posting the letter...more

McAfee & Taft

Court rules informal complaint about overtime could be basis of FLSA retaliation claim

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The number of overtime and minimum wage claims against employers under the Fair Labor Standards Act (FLSA) continues to rise, and with that rise comes the risk of FLSA retaliation claims. As a new case from the Tenth Circuit...more

Proskauer - Law and the Workplace

Oral Complaint to Supervisor Can Support FLSA Retaliation Claim, Says Second Circuit

On April 20, 2015, the Second Circuit overruled its existing precedent and held that oral complaints of FLSA violations, made internally to a supervisor, can form the basis for a retaliation claim under Section 215 of the...more

FordHarrison

Whistleblowing Made Easy: OSHA's New On-Line Complaint Procedure Has Gone Live

FordHarrison on

The U.S. Occupational Safety and Health Administration ("OSHA") recently made it easier for disgruntled employees to file whistleblower complaints against their current or former employers. Going forward, employees who...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHA to Introduce Online Whistleblower Complaint Form

The process of filing whistleblower complaints is about to get a lot easier....more

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