News & Analysis as of

Protected Activity State Labor Laws

BakerHostetler

Viral Layoffs: Important Considerations for Employment Actions in the Digital Age

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Social media usage remains ubiquitous in 2024, and a recent trend sees the increased use of social media by employees to document their experiences with layoffs and disciplinary actions in the workplace. ...more

Fox Rothschild LLP

Retaliation Claims Will Be Even Easier to Allege in 2024

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I have often said to clients that retaliation claims in California are the easiest claims to allege and the hardest claims to defend. Regardless of the statute, a retaliation claim is essentially three things:...more

Ervin Cohen & Jessup LLP

California Expands Protections for Employee Conduct

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Employee claims of retaliation in the workplace have been on an upward trend since the California Legislature amended Labor Code section 1102.5 to include protections for whistleblower complaints made directly to a person...more

CDF Labor Law LLP

New Law Makes Establishing Retaliation Claims Easier For California Employees

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On October 8, 2023, California Governor Gavin Newsom signed into law Senate Bill (SB) 497, which makes it easier for employees to establish retaliation claims in California....more

Venable LLP

Proposed New Legislation Threatens California Employers

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With the close of the legislative session, California employers are now waiting to see what new laws might go into effect. Below is a summary of some of the laws currently being considered for signature or veto by Governor...more

Venable LLP

New York's Lawful Absence Law

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On November 21, 2022, New York State Governor Kathy Hochul signed into law Bill A8092B (the Law). The Law amends §215 of the New York Labor Law (NYLL) to "clarif[y] that workers shall not be punished or subjected to...more

Benesch

New York State Explicitly Limits Bounds of “No Fault” or Points-Based Attendance Policies

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On November 21, 2022, New York Governor Kathy Hochul signed into law a new measure that explicitly prevents employers from penalizing workers for lawful absences. The new law amends Section 215 of New York Labor Law...more

Jackson Lewis P.C.

New York Bars Discipline for Legally Protected Employee Absences

Jackson Lewis P.C. on

On November 21, 2022, New York Governor Kathy Hochul signed a law clarifying that it is unlawful for an employer to penalize an employee for any absence protected under federal, state or local law. (S.1958/A.8092). The law...more

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

New York Enacts Law Prohibiting Discipline for Legally Protected Absences

On November 21, 2022, Governor Kathy Hochul signed into law Senate Bill S1958A, which amends section 215 of the New York Labor Law (NYLL) to enhance protections for employees who take legally protected absences. Specifically,...more

Cole Schotz

New York Department of Labor Issues Required Notice for Expanded Whistleblower Protection Law

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The New York State Department of Labor (“NYDOL”) issued a form of required notice that New York employers must post to comply with the State’s recently amended whistleblower protection law. As we previously reported, the...more

BakerHostetler

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

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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

Mintz - Employment Viewpoints

New York Significantly Expands its Whistleblower Law

New York has greatly expanded its “whistleblower” law. The amendments to New York Labor Law §740 go into effect on January 26, 2022 and undoubtedly enhance employee protections and require New York employers to take certain...more

Polsinelli

New York Enhances Protections for Whistleblowers

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Effective January 26, 2022, New York will greatly expand whistleblower protections provided to employees and independent contractors, creating new compliance challenges and avenues of liability for employers....more

Jackson Lewis P.C.

Oregon Safe Employment Act Amended to Create Presumption of Retaliation Under Certain Circumstances

Jackson Lewis P.C. on

An amendment to the Oregon Safe Employment Act signed by Governor Kate Brown creates a “rebuttable presumption” of discrimination or retaliation if an employer takes an adverse action against any employee or prospective...more

Littler

Hold the Phone: Employees Can Bring Common-Law Wrongful Discharge Claims in Oregon for Seeking Legal Advice About Their Employment

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On March 3, 2021, in Rohrer v. Oswego Cove, LLC, the Oregon Court of Appeals reversed the lower court’s dismissal of an employee’s common-law wrongful discharge claim for seeking legal advice about her employment....more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Takes Expansive View of N.C.'s Employment Anti-Retaliation Law

North Carolina’s Retaliatory Employment Discrimination Act (REDA) provides employees with legal claims against employers that retaliate against them for engaging in protected actions under state workers’ compensation, wage...more

Payne & Fears

Key California Employment Law Cases: July 2019

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This month's key California employment law cases involve payment of wages, workplace conditions, public employment issues, and civil procedure....more

Payne & Fears

Key California Employment Law Cases: June 2019

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This month's key California employment law cases involve EEOC charges, disability discrimination, and meal breaks....more

Seyfarth Shaw LLP

Raging Bull: Getting Beat Up On Glassdoor?

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Seyfarth Synopsis: Even if bad Glassdoor reviews have you feeling like you need to fight back, employers should stay out of the ring, and instead implement social media policies that clearly define prohibited behavior and...more

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