News & Analysis as of

Retaliation Employer Liability Issues Human Resources Professionals

Whiteford

Webinar: Is Your DEI Policy Setting You Up for a Lawsuit?

Whiteford on

This webinar addresses the legal challenges presented by harassment, reverse discrimination and Section 1981 claims, among others, as well as various defenses and measures your team can take to reduce the risk of legal...more

Society of Corporate Compliance and Ethics...

[Virtual Event] Encouraging, Managing, and Integrating Employee Reporting - May 30th, 8:00 am - 5:00 pm CT

Optimize your compliance program with a “speak up” workplace culture - Building an organizational culture that encourages employee reporting is key to compliance program success. When employees are comfortable voicing...more

Dickinson Wright

The 6th Circuit Clarifies Retaliation Under the FMLA

Dickinson Wright on

On January 25, 2023, the United States Court of Appeals for the Sixth Circuit held that an employee’s notice of need for leave, regardless of whether the employee was ultimately entitled to the leave, was protected conduct...more

Parker Poe Adams & Bernstein LLP

Would Your HR Staff Recognize Lesser-Known Biases That Can Lead to Discrimination Claims?

Employers may believe they are aware of potential areas of concern for discrimination or harassment among different groups of employees. Their concerns often focus on race discrimination claims or national origin claims from...more

Constangy, Brooks, Smith & Prophete, LLP

Suit based on notice of intermittent FMLA absences will go to trial

Employers, don't be too rigid about employee notice requirements. Weird case from the U.S. Court of Appeals for the Sixth Circuit. Imagine this: You're the HR manager at a manufacturing facility. An hourly employee has...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

Hinshaw & Culbertson - Employment Law...

FMLA Case Demonstrates that Employees Cannot Use Protected Leave as a Shield Against Warranted Discipline, Even Discharge

The intersection between an employer's obligations under the Family & Medical Leave Act (FMLA) and its enforcement of performance standards sometimes feels fraught with fear. However, nothing in the FMLA prohibits an employer...more

Poyner Spruill LLP

New Publication from U.S. Department of Labor Wage and Hour Division Highlights Continued Focus on Retaliation

Poyner Spruill LLP on

On March 10, 2022, the U.S. Department of Labor Wage and Hour Division (“WHD”) published Field Assistance Bulletin No. 2022-02: Protecting Workers from Retaliation (“FAB”)....more

DirectEmployers Association

OFCCP Week In Review: March 2022 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Stoel Rives - World of Employment

California Supreme Court Provides Clarity on Which Standard to Use for Retaliation Cases

On January 27, 2022, the California Supreme Court in Lawson v. PPG Architectural Finishes, Inc., No. S266001, 2022 WL 244731 (Cal. Jan. 27, 2022), addressed the issue of which standard courts must use when analyzing...more

Epstein Becker & Green

Whistleblower Protections for Employees Expand in New York

Epstein Becker & Green on

New York Governor Kathy Hochul recently signed legislation that expands one of the state’s whistleblower laws with significant revisions (“Amendments”) to NY Labor Law § 740 (“Section 740”). The Amendments increase coverage...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

Miller Canfield

6th Circuit Clarifies Opposition Clause of Title VII - Performance of Regular Job Duties as Protected Activity

Miller Canfield on

Title VII of the 1964 Civil Rights Act prohibits retaliation against employees because they either oppose discriminatory actions (the "Opposition Clause") or because of their participation in an investigation, proceeding, or...more

Stoel Rives - World of Employment

U.S. House of Representatives Passes Union “Wish List” Bill

Last week, the U.S. House of Representatives narrowly passed the Protecting the Right to Organize (“PRO”) Act, which would make sweeping union-friendly changes to the three primary federal laws that govern private-sector...more

Fisher Phillips

COVID-19 Sick Leave Litigation Disproportionately Impacts Healthcare Employers: How to Avoid Becoming Another Statistic

Fisher Phillips on

As the weather warms amid the dawning of a new chapter in our country, national vaccine distribution is underway (albeit admittedly haphazard) and the light at the end of the tunnel shines brighter in 2021. As the virus...more

Kelley Drye & Warren LLP

[Webinar] Lawsuits and Laws In Vogue: What To Keep an Eye On in 2021 - January 26th, 12:30 pm ET

Lawsuits and Laws In Vogue: What To Keep an Eye On in 2021 - Emerging vaccines bring hope during the ongoing pandemic, but there’s little relief in sight for the upward trend in COVID-19-related lawsuits. Adding to that,...more

Constangy, Brooks, Smith & Prophete, LLP

Employee "Refuses To Sign." Now what?

Should the employer force the issue? You Human Resources professionals are familiar with this scenario. You are present while a supervisor is disciplining an employee. The supervisor has a write-up, pre-approved by you, and...more

Allen Matkins

California Allows Attorney's Fees Award To Successful Whistleblowers

Allen Matkins on

California's Labor Code currently prohibits employers, or persons acting on their behalf, from retaliating against employees who "blow the whistle".  Cal. Lab. Code § 1102.5.  The same statute also prohibits employers, or...more

Manatt, Phelps & Phillips, LLP

Single Use of Racial Epithet by Coworker Insufficient for Suit

The one-time use of a racial epithet by a coworker was not enough to sustain a hostile work environment suit brought by a former employee of a district attorney’s office, a California appellate court has ruled....more

Hinshaw & Culbertson LLP

[Virtual Event] Hinshaw’s 25th Annual Labor & Employment Seminar - October 26th - 30th, 10:00 am - 11:00 am PT

Hinshaw & Culbertson LLP on

Join us for Hinshaw's 25th Annual Labor & Employment Seminar, for a week of practical and engaging virtual programming. We are offering the seminar free of charge this year, allowing unprecedented access for those who may...more

Fisher Phillips

Stopping The Spread Of COVID-19 Hate Crimes In Reopened Restaurants

Fisher Phillips on

As restaurants continue to reopen out of economic necessity despite a global pandemic, employers and employees alike remain concerned about the possibility of COVID-19 outbreaks in the workplace. No longer are bad Yelp...more

Seyfarth Shaw LLP

Title VII, Section 1981, and the Limits of Protected Activity

Seyfarth Shaw LLP on

Seyfarth Synopsis: Managing employees engaged in potentially protected activity can be tricky when disciplinary and other normal employment actions might be misconstrued as unlawful retaliation. A recent decision from the...more

Cozen O'Connor

Eleventh Circuit Explains How Protected Activity Loses Its Protected Status in Gogel v. Kia Motors

Cozen O'Connor on

Title VII of the Civil Rights Act protects an employee’s conduct of complaining about Title VII violations. The Eleventh Circuit, however, has now provided the framework for when an employee’s otherwise protected conduct can...more

Fisher Phillips

COVID-19 Employment Litigation Tracker Reveals New York Is A Hotspot For Workplace Claims

Fisher Phillips on

The state of New York has not been immune to the fast-growing COVID-19 employment litigation case load. This should come as no surprise to businesses located here, given that New York has been one of the states hit hardest by...more

U.S. Equal Employment Opportunity Commission...

Select Staffing to Pay $199,500 to Settle EEOC Sexual Harassment Suit

Staffing Agency Allowed Sexual Abuse of Several Women Placed in Jobs at Albuquerque Police Unit, Federal Agency Charged - ALBUQUERQUE, N.M. - Real Time Staffing Services, Inc., Employment Solutions Manage­ment, Inc., and...more

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