News & Analysis as of

State and Local Government Retaliation

Clark Hill PLC

Colorado Court of Appeals rules that claims under the Health Care Worker Protection Act are subject to the Colorado Governmental...

Clark Hill PLC on

On May 8, the Colorado Court of Appeals concluded that any claim that might be asserted under the Health Care Worker Protection Act (“HCWPA”), C.R.S § 8-2-123, is subject to the notice requirement in the Colorado Governmental...more

Rumberger | Kirk

A Blow to Whistleblowers: No More Pain and Suffering Damages

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On February 26, 2025, in the lawsuit Agency for Persons with Disabilities v. Toal, the First District Court of Appeal held that noneconomic damages are not a form of relief that can be recovered under Florida’s Public-sector...more

Sullivan & Worcester

2025 Massachusetts Pay Transparency Requirements

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An Act Relative to Salary Range Transparency, which has multiple requirements for employers, is bringing significant changes to Massachusetts job markets. Larger employers have an upcoming reporting deadline on February 3,...more

Procopio, Cory, Hargreaves & Savitch LLP

Welcome Clarity for Medical Staffs and Healthcare Entities Facing Frivolous or Retaliatory Lawsuits

The California Third District Court of Appeal recently upheld the actions of a healthcare facility reporting a provider to the National Practitioner Data Bank who resigned while under investigation. In doing so, the court...more

Sheppard Mullin Richter & Hampton LLP

New York State Amends Its Workplace Anti-Discrimination and Anti-Harassment Laws

On March 16, 2022, New York Governor Kathy Hochul signed into law two amendments to the State’s workplace anti-discrimination and anti-harassment laws. First, the New York State Human Rights Law (“NYSHRL”), New York...more

Perkins Coie

November Tip of the Month: New York Whistleblower Statute

Perkins Coie on

On October 28, 2021, New York Governor Kathy Hochul signed into law legislation substantially broadening New York’s whistleblower statute. Specifically, while the statute previously protected only current employees in...more

Bradley Arant Boult Cummings LLP

US Regional Employment 2021: Alabama | Insights & Events

Law and Practice Chambers - The 2020 Chambers US Regional Employment Guide features guidance on employment law across 14 states and includes a unique state comparison tool for readers. The guide provides expert legal...more

Fox Rothschild LLP

California Settlement Agreement Templates Will Need a Refresh for January 1, 2022

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Have you been re-using the same old settlement agreement template that was drafted many years ago? Well, if you are in California, it is time for another refresh before year end (effective January 1, 2022). The law...more

CDF Labor Law LLP

Top Takeaways for Employers from the Andrew Cuomo Investigation Report

CDF Labor Law LLP on

Nearly six months after the New York Attorney General announced the commencement of an independent investigation of allegations of sexual harassment against Governor Andrew Cuomo, a bombshell, 168-page investigation report...more

Tucker Arensberg, P.C.

Dissident Board Member Not Deprived of Civil Rights by Cold Shoulder of Majority

Tucker Arensberg, P.C. on

Kathleen Wright Croft v. Donegal Township, 2021 WL 1110567 (W.D. Pa. 2021) (A township supervisor’s motion for a preliminary injunction against her fellow supervisors was denied upon finding that she was not deprived of...more

Bradley Arant Boult Cummings LLP

Beware Poachers! NY Legislature Takes on “No Rehire” and Employee Poaching Issues

Do you typically include a “no rehire” clause in your settlements with soon to be former employees? How about agreements with other companies that you will not “poach” each other’s employees? If your answer to either of those...more

Constangy, Brooks, Smith & Prophete, LLP

Employers Can Mandate COVID Vaccines, But Don’t Forget FEHA!

A welcome clarification. May an employer require its California employees to be vaccinated against COVID-19? According to recent guidance from the state Department of Fair Employment and Housing, the short answer is yes....more

Cole Schotz

New York State Passes Law Providing Paid Time Off For COVID-19 Vaccination And Revises Domestic Travel Advisory

Cole Schotz on

On March 12, 2021, Governor Cuomo signed legislation (S2588A/A3354B) granting public and private employees paid leave in order to get a COVID-19 vaccine. The new law, which went into effect immediately, gives employees up to...more

Sheppard Mullin Richter & Hampton LLP

Whistleblower Retaliation Lawsuits Are About to Become More Expensive in California

On September 30, 2020, California Governor Gavin Newsom signed Assembly Bill (“AB”) 1947 into law. Effective January 1, 2021, AB 1947 will, among other things, authorize courts to award attorneys’ fees to whistleblowers who...more

Rivkin Radler LLP

The Employment Law Reporter

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Federal Court Rejects New York City Police Officer’s Employment Discrimination Action The U.S. District Court for the Southern District of New York has granted summary judgment to the defendants in an employment...more

Jackson Lewis P.C.

Governor Signs Legislation Extending Safety Related Retaliation Protection To Domestic Workers

Jackson Lewis P.C. on

California law already prohibits employers from taking certain employment actions against an employee for refusing to work in some circumstances where there is a real or apparent safety hazard to the employee or other...more

Jackson Lewis P.C.

California Expands Protections For Employees Who Are Victims Of A Crime Or Abuse

Jackson Lewis P.C. on

On September 28, 2020, Governor Newsom signed Assembly Bill 2992, which imposes further limitations on employers from discharging, discriminating, or retaliating against an employee who is a victim of crime or abuse. Before...more

Butler Snow LLP

Tennessee Court Offers Insights on Viability of Whistleblower Claims

Butler Snow LLP on

Under the Tennessee Public Protection Act (TPPA), also known as “the whistleblowing statute,” it’s illegal to fire an employee if the sole cause for the termination was for refusing to either remain silent about or to...more

Fox Rothschild LLP

Philadelphia: Employees May Disclose, Refuse To Work In Unsafe COVID-19 Conditions

Fox Rothschild LLP on

As many employers begin returning people to work, Philadelphia has passed an ordinance protecting employees who share safety concerns related to COVID-19. The ordinance requires employers to comply with all orders and...more

Epstein Becker & Green

Massachusetts Department of Paid Family and Medical Leave Releases Proposed Amendments to State’s PFML Law

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As we have previously reported, since June 2019, the Massachusetts Department of Family and Medical Leave (the “DFML”) has proposed and adopted several “technical changes” and clarifications to the Massachusetts Paid Family...more

Proskauer - Law and the Workplace

UPDATE: Chicago City Council Introduces COVID-19 Anti-Retaliation Ordinance, Reflecting Growing Trend

The proposed Chicago COVID-19 Anti-Retaliation Ordinance (the “Ordinance”) that was the subject of our post on April 27, 2020, has now become law...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

Lewitt Hackman

Good News for California Employers Following a Difficult 2019 Legislative Session

Lewitt Hackman on

On January 1, 2020, California businesses faced several new laws that may significantly impact business operations, including AB 5 (codifying the “ABC” test) and AB 51 (restricting the use of mandatory arbitration). On the...more

Kramer Levin Naftalis & Frankel LLP

New York State Bans Discrimination and Retaliation Based on Reproductive Health Decision Making and Requires Immediate Changes to...

On Nov. 8, 2019, New York State Governor Andrew Cuomo signed into law an amendment to the New York Labor Law, which is effective immediately and prohibits employers from discriminating or retaliating against employees based...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

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