News & Analysis as of

Retaliation Leave of Absence

Constangy, Brooks, Smith & Prophete, LLP

Luck may have been the residue of design in jeweler’s age discrimination win

Branch Rickey, former General Manager of the Brooklyn Dodgers and the man who gave Jackie Robinson his shot in the Big Leagues, once said that luck is the residue of design. (Actually, the phrase may come from the British...more

Faegre Drinker Biddle & Reath LLP

Overview of U.S. Employment Law for International Employers

This guide is a non-comprehensive overview of employment laws in the United States for international employers.  We hope that it will assist employers that already employ individuals in the U.S. and employers that are...more

Proskauer - Whistleblower Defense

Ohio District Court Grants Employer Summary Judgment on SOX Whistleblower Claims

On February 15, 2023, the U.S. District Court for the Southern District of Ohio granted a defendant-employer’s motion for summary judgment on SOX whistleblower retaliation claims, holding that the plaintiff failed to...more

Seyfarth Shaw LLP

New York Strengthens Worker Protections for Retaliation Based on Legally Protected Absences

Seyfarth Shaw LLP on

Seyfarth Synopsis: Effective February 19, 2023, New York employers will be liable for retaliating against employees for making use of legally-protected absences....more

Saul Ewing LLP

New York Strengthens Retaliation Protections for Workers Taking Lawful Absences

Saul Ewing LLP on

The New York Labor Law has been amended to clarify that workers may not be punished or disciplined for taking legally protected absences. Under Section 215 of the Labor Law, employers are prohibited from retaliating against...more

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

Fourth Circuit Reinstates Employee’s Claim That Social Media App Messages Provided Sufficient Notice of a Medical Absence

On August 15, 2022, the U.S. Court of Appeals for the Fourth Circuit held in Roberts v. Gestamp West Virginia, LLC, that an employer’s “usual and customary” notice procedures relating to absences extended beyond the company’s...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

[Webinar] FMLA Interference and Retaliation: Navigating the complex and seemingly contradictory waters of FMLA claims - October...

Pietragallo attorney Mark Sottile will draw on his extensive employment law experience in Pennsylvania and New Jersey’s state and federal courts in this informative presentation on the Family Medical Leave Act (“FMLA”) and...more

Fisher Phillips

Tracker Reveals: Hot COVID Litigation Summer Could Foreshadow Trouble for Employers

Fisher Phillips on

A sharp increase in pandemic-related workplace litigation this summer could spell trouble for employers, as we expect to see a steady increase in COVID-19 lawsuits filed by employees across the country. That’s just one of 10...more

Fisher Phillips

Massachusetts Employers Must Exercise Caution: “Implicit” Domestic Violence Leave Requests Could Lead to Liability

Fisher Phillips on

The highest court in Massachusetts just ruled that employers may be subject to liability under the state’s domestic violence leave law even if employees don’t explicitly request such leave, creating a potential liability trap...more

Foley & Lardner LLP

Federal Court Says It Is OK to Consult With Counsel Before Taking Employment Action

Foley & Lardner LLP on

A recent decision from the U.S. Court of Appeals for the First Circuit (covering Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island) examining retaliatory employment conduct reinforces the advisory nature of...more

U.S. Equal Employment Opportunity Commission...

Sierra Academy of Aeronautics to Settle EEOC Disability and Retaliation Lawsuit

Flight Instruction Companies Fired Employee With Disability for Taking a Medical Leave of Absence, Federal Agency Charged - FRESNO, Calif. –KS Aviation, Inc., doing business as the Sierra Academy of Aeronautics in...more

Bradley Arant Boult Cummings LLP

Crosstown Traffic! Facts Surrounding Employee’s ADA/FMLA Request to Avoid Bad Traffic Not Enough

Not all requests for accommodation or FMLA leave will fit into neat boxes like “pregnancy” or “knee surgery.” Because the ADA definition of a disability includes any impairment that affects a major life function, employers...more

U.S. Equal Employment Opportunity Commission...

EEOC Wins Jury Verdict Against Favorite Farms for Sexual Harassment and Retaliation

Farmworker Sexually Assaulted and Retaliated Against for Reporting the Misconduct, Federal Agency Charged - TAMPA, Fla. - A federal jury rendered a verdict on Dec. 19, 2018 awarding $850,000 in compensatory and punitive...more

Fisher Phillips

Sexual Harassment Dominates California Legislation in 2018

Fisher Phillips on

As we discussed back in January, sexual harassment appears to be the hot topic for the California State Legislature’s 2018 session. This is certainly not a surprise, as issues related to sexual harassment and the #MeToo...more

McAfee & Taft

Court rules unauthorized absence justifies firing

McAfee & Taft on

The federal appeals court that covers Oklahoma recently ruled in favor of Dillon Companies, Inc., a Kansas corporation that does business as King Soopers, in a lawsuit filed by a former grocery store employee who claimed he...more

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

Texas Supreme Court Vindicates Employer That Uniformly Enforced its Leave Policy

On December 4, 2015, the Texas Supreme Court vacated a jury verdict in favor of a former employee who had alleged workers’ compensation retaliation, rendering judgment in favor of the employer and finding that the employee...more

Seyfarth Shaw LLP

2015 California Labor and Employment Legislation Update: The End (of Session) Is Near…

Seyfarth Shaw LLP on

The California Legislature adjourned Friday evening, September 11, to close its 2015-16 Legislative Session. It sent a number of employment-related bills to Governor Brown for consideration by his October 11, 2015 deadline to...more

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

California Family Rights Act Interference Claims Proceed

Moore v. Century Gaming Management, Inc., No. B249978 (June 4, 2014): The California Court of Appeal recently ruled in an employee’s favor in a suit in which she claimed that her employer interfered with her rights under the...more

Stinson LLP

Executive Briefing

Stinson LLP on

In its decision on Templemire v. W&M Welding, Inc., the Missouri Supreme Court imposed a minimalist “contributing factor” causation standard on workers’ compensation retaliation claims. The decision overrules two precedents,...more

Buchalter

Ringing in the New Year: A Summary of New California Employment Laws for 2014

Buchalter on

California’s 2012-2013 Legislative Session concluded with the enactment of a variety of new laws that will affect California employers. In light of these developments, summarized below, California employers should review...more

Davis Wright Tremaine LLP

California Employment Law Update: What’s New for 2014

The California Legislature was unusually active this year. Significantly, California increased the state minimum wage, created new “unfair immigration-related practices,” and expanded protections for whistleblowers. All laws...more

Fenwick & West LLP

Flurry of New California Employment Statutes Continues

Fenwick & West LLP on

The California Legislature passed and Governor Brown approved the following new statutes impacting California employment law that shortly take effect in 2014....more

Franczek P.C.

Why Must Employers Train Their Managers About The FMLA? Here Are 1.2 Million Reasons Why

Franczek P.C. on

I came across an interesting FMLA case this past week, and the facts are simple enough that it kept my attention. [In the age of Twitter and Facebook, anything beyond a 30-second sound byte and you might as well give me a...more

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