News & Analysis as of

Retaliation Employee Definition

Proskauer - Labor Relations Update

Sixth Circuit Sends Ohio State Graduate Student’s Employment Status Case Under Title VII to a Jury Trial

On August 28, 2024, the Sixth Circuit in Huang v. Ohio State Univ., 6th Cir., No. 23-03469 (Aug. 28, 2024) –—in a case with broader implications for the employment status of graduate students—reversed the Southern District of...more

Akerman LLP - HR Defense

Sweeping Expansions to New York’s Whistleblower Protections Take Effect

New York employers, take heed: sweeping expansions to New York Labor Law (NYLL) Section 740 have fundamentally redefined the protections afforded to whistleblowers within the state. The revised law took effect on January 26,...more

Stoel Rives - World of Employment

U.S. House of Representatives Passes Union “Wish List” Bill

Last week, the U.S. House of Representatives narrowly passed the Protecting the Right to Organize (“PRO”) Act, which would make sweeping union-friendly changes to the three primary federal laws that govern private-sector...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Law Firm Equity Partner Is Not an Employee for Title VII Purposes

Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on a range of protected classifications. However, Title VII only applies to employment relationships and cannot be used by contractors,...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

Kramer Levin Naftalis & Frankel LLP

New York City Expands Protections Under the New York City Human Rights Law to Independent Contractors and Freelancers

On Sept. 12, 2019, the New York City Council passed a law, Int. 0136-A, that expands the scope of the New York City Human Rights Law (NYCHRL) to provide protections for freelancers and independent contractors....more

Proskauer - California Employment Law

California Employment Law Notes - November 2019

Court Upholds Whistleblower Verdicts In Favor Of Fired Parking Ticket Hearing Examiners - Hawkins v. City of Los Angeles, 40 Cal. App. 5th 384 (2019) - Todd Hawkins and Hyung Kim were terminated from their jobs as...more

Bradley Arant Boult Cummings LLP

Calling ICE about Your Plaintiff Could Make You the Defendant

An attorney representing his employer-client calls Immigration and Customs Enforcement (ICE) to inquire about the plaintiff’s immigration status. Is that potentially retaliation under the employment laws? If it is, can the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash (June 2014)

In This Issue: - NLRB Recess Appointments Unconstitutional - SEC Brings First-Ever Employment Retaliation Claim - EEOC Challenges Employer Severance Agreements - New York State Transportation Industry...more

Brownstein Hyatt Farber Schreck

SCOTUS Expands Sarbanes-Oxley to Include Contractors

In a stunning expansion of previously understood law, the Supreme Court held, on Tuesday, March 4, 2014, that the employees of a contractor to a publicly traded company may sue their employer for retaliation suffered as a...more

Bradley Arant Boult Cummings LLP

ERISA Retaliation Claims: Avoiding Potential Employer Pitfalls

Most employers and human resources professionals are well aware of the various federal discrimination statutes, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age...more

Baker Donelson

Sixth Circuit Holds General Contractor Can Be Liable in Discrimination Suit Brought by Sub-Contractor's Employees

Baker Donelson on

The Sixth Circuit Court of Appeals recently reversed a district court's ruling granting summary judgment to a general contractor on the question of whether it could be held liable to its sub-contractor's employees as a joint...more

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