News & Analysis as of

Burden of Proof Adverse Employment Action Whistleblower Protection Policies

Lathrop GPM

Lower Burden of Proof for Whistleblowers Established in Landmark Supreme Court Case

Lathrop GPM on

Recently, the Supreme Court of the United States issued a decision in Murray v. UBS Securities, LLC holding that whistleblowers are not required to prove their employer acted with “retaliatory intent” to be protected under...more

Sheppard Mullin Richter & Hampton LLP

United States Supreme Court Endorses Low Burden of Proof for Whistleblowers

In Murray v. UBS Securities, LLC, 601 U. S. ____, 2024 WL 478566 (2024), the United States Supreme Court (Sotomayor, J.) held that whistleblowers do not need to prove their employer acted with “retaliatory intent” to be...more

Jones Day

Supreme Court Holds Proof of Retaliatory Intent Not Required for Sarbanes-Oxley Whistleblower Claims

Jones Day on

The Background: In August 2022, the United States Court of Appeals for the Second Circuit held in Murray v. UBS Securities, LLC., et al. ("Murray") that an employee suing his employer under the anti-retaliation provisions of...more

BakerHostetler

California Supreme Court Significantly Relaxes Employee Burden to Prevail on Section 1102.5 Claims

BakerHostetler on

On Jan. 27, 2022, the Supreme Court of California issued Lawson v. PPG Architectural Finishes, Inc., No. S266001, ___ Cal. 5th ____, a decision that decisively changed the burden for employers in defending against claims...more

Akerman LLP - HR Defense

California Supreme Court Clarifies Whistleblower Retaliation Standard

California employers can expect to see an uptick in whistleblower claims as a result of a recent California Supreme Court ruling that increases the burden on employers to prove that adverse employment actions are based on...more

Epstein Becker & Green

#WorkforceWednesday: CA Whistleblower Retaliation Cases, NYC Pay Transparency Law, Biden’s Labor Agenda - Employment Law This...

This week, we’re recapping major items shifting at the state, local, and federal levels, including whistleblower retaliation case law, pay transparency rules, and federal labor policies. California Supreme Court Specifies...more

Stokes Wagner

California Supreme Court Heightens Employers’ Burden for Defending Whistleblower Claims

Stokes Wagner on

The California Supreme Court set a new, more employee-friendly, evidentiary standard for whistleblower retaliation claims. In Lawson v. PPG Architectural Finishes, Inc., the Court held Labor Code section 1102.6, not the...more

Fisher Phillips

California Supreme Court Lowers the Bar for Plaintiffs in Whistleblower Act Claims

Fisher Phillips on

The California Supreme Court just made things a bit more difficult for employers by lowering the bar and making it easier for disgruntled employees and ex-employees to bring state whistleblower claims against businesses. The...more

Procopio, Cory, Hargreaves & Savitch LLP

California Supreme Court Makes It Easier For Whistleblowers to Prove Retaliation

The California Supreme Court, in a critical decision, has answered a key question regarding whistleblower retaliation claims. Last year, the Ninth Circuit Court of Appeals certified an important question to the Court...more

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