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Retaliation Adverse Employment Action State Labor Laws

Fox Rothschild LLP

Mandatory ‘Captive Audience Meetings’ Banned in California

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Last week, Governor Gavin Newsom signed SB 399, known as “The California Worker Freedom from Employer Intimidation Act,” into law. Practically speaking, SB 399 was enacted to prohibit employers from requiring employees to...more

Bodman

Michigan Supreme Court Expands Retaliation Liability Under Michigan’s Civil Rights Act

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The Michigan Supreme Court’s recent ruling in the case of Miller v. Department of Corrections expands the scope of retaliation claims under the Elliott-Larsen Civil Rights Act (ELCRA). This decision could have important...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

Paul Hastings LLP

New York Amends Law Affecting Settlements of Discrimination, Harassment, and Retaliation Claims

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On November 17, 2023, New York Governor Kathy Hochul signed Bill S4516 into law, which amends the requirements for non-disclosure and non-disparagement provisions in certain settlement agreements. Previously, New York law...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

Quarles & Brady LLP

Key New Laws Affecting California Employers in 2024

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Last week, Governor Newsom finished signing 890 bills into law from the 2023 legislative session, while also vetoing 156 bills. These decisions will have far-reaching implications for California employers....more

Faegre Drinker Biddle & Reath LLP

California Supreme Court: Whistleblower Statute Protects Employees Who Disclose Allegedly Unlawful Conduct Even When it is Already...

Recently, the California Supreme Court ruled in The People ex rel. Lilia Garcia-Brower v. Kolla’s Inc. that California’s whistleblower protection statute (Labor Code § 1102.5) protects employees who disclose unlawful conduct,...more

Bodman

Retaliation Claim Cannot Be Based Solely on an Association with a Complaining Employee Under Michigan Law

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Michigan’s Elliot-Larsen Civil Rights Act (“ELCRA”) protects employees who complain about alleged unlawful activity from retaliation. In the recent Michigan Court of Appeals decision, Miller v. Michigan Department of...more

Fisher Phillips

California Employers Face Challenges Under New Law Prohibiting Retaliation During “Emergency Conditions”

Fisher Phillips on

California employers will soon be prohibited from taking adverse action against employees who refuse to report to a workplace in an “emergency condition,” according to a bill Governor Newsom signed into law on September 29....more

Fisher Phillips

Top 10 List – Keep Your Eyes on These California Employment Bills on Governor Newsom’s Desk

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Eight months of legislative wrangling and dealmaking have come to an end as the California Legislature just wrapped up work for the year – and now employers across the Golden State turn their eyes to the governor’s office to...more

Proskauer - California Employment Law

Despite Employee-Friendly Test, California Court of Appeal Finds in Favor of Employer in Whistleblower Retaliation Claim

As we reported here, earlier this year, the California Supreme Court confirmed a relaxed standard by which employees can prove whistleblower retaliation under Labor Code section 1102.5 in Lawson v. PPG Architectural Finishes,...more

Epstein Becker & Green

#WorkforceWednesday: CA COVID-19 Policies Get Updates, NYC Pay Transparency Law Postponed, DOL Targets Worker Retaliation -...

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This week, we look at updated regulations in California and New York City and at the U.S. Department of Labor (DOL). California Employers Update COVID-19 Policies California employers are implementing updated COVID-19...more

Proskauer - Law and the Workplace

7th Cir. Affirms Summary Judgment On Illinois Whistleblower Act and Illinois Jury Act Retaliation Claims

On April 14, 2022, the Seventh Circuit affirmed the entry of summary judgment on claims under the Illinois Whistleblower Act and Illinois Jury Act, concluding that the plaintiff was not terminated for engaging in protected...more

Proskauer - Law and the Workplace

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

The New York State Department of Labor (NYSDOL) has issued a form of required notice regarding the dramatically expanded whistleblower protections under New York Labor Law § 740 that took effect last month....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

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

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

Stokes Wagner

California Supreme Court Heightens Employers’ Burden for Defending Whistleblower Claims

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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

McDermott Will & Emery

California Supreme Court Decision Places Higher Burden on California Employers in Whistleblowing Retaliation Claims

On January 27, 2022, the California Supreme Court provided clarification in Lawson v. PPG Architectural Finishes, Inc. to lower courts reviewing whistleblower retaliation claims. In what it calls an “unsurprising” decision,...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

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

Oregon Enhances Whistleblower Protections for Workplace Safety Complaints

On June 15, 2021, Governor Kate Brown signed into law Senate Bill (SB) 483, which amends the Oregon Safe Employment Act to increase whistleblower protections for workplace safety complaints. The amendments to the act took...more

Littler

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

Littler on

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

Seyfarth Shaw LLP

A Look Behind The EEOC Curtain: Enforcement Statistics Show Fewer Charges Filed In 2019, But Monetary Recoveries Ticked Up In Some...

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Seyfarth Synopsis: The EEOC recently released its enforcement and litigation statistics for Fiscal Year 2019. Notably, the statistics indicate that 2019 saw the lowest number of charges filed in over 20 years, though there...more

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