News & Analysis as of

Retaliation Employer Liability Issues Protected Activity

Constangy, Brooks, Smith & Prophete, LLP

Don’t let a bad employee’s protected activity lead you into the twilight zone.

You are about to enter another dimension. A journey into the world of discrimination and retaliation. Consider, if you will, the case of an employee who suspects that he or she is about to be fired or demoted for misconduct...more

Houston Harbaugh, P.C.

SCOTUS: Whistleblowers need not prove retaliatory intent under Sarbanes-Oxley Act

Houston Harbaugh, P.C. on

The U.S. Supreme Court recently held that proving an employer’s retaliatory intent is not required for whistleblowers seeking protection under the Sarbanes-Oxley Act. In Murray v. UBS Securities, LLC, 144 S. Ct. 445 (2024),...more

Poyner Spruill LLP

Whistleblower Risks: United States Supreme Court Clarifies Burden of Proof

Poyner Spruill LLP on

In Murray v. UBS Securities, LLC the United States Supreme Court resolved a circuit split, holding that whistleblowers asserting retaliation claims under Sarbanes-Oxley must prove protected activity was a contributing factor...more

Fisher Phillips

Snapshot on Workplace Safety: Will SCOTUS Whistleblower Ruling Have Broader Impact on OSHA Investigations?

Fisher Phillips on

Welcome to this edition of the FP Snapshot on workplace safety, where we take a quick snapshot look at a recent significant workplace law development that affects your safety and health programs. This edition is devoted to...more

Goulston & Storrs PC

SCOTUS Issues Decision with Significant Implications for Future Whistleblower Cases

Goulston & Storrs PC on

On February 8, 2024, the United States Supreme Court issued an opinion in Murray v. UBS Securities, LLC, 601 U.S. ___(2024), a case involving a former UBS employee’s claim that he was terminated for making an internal report...more

BakerHostetler

Murray v. UBS Securities, LLC - Whistleblower Retaliation Without Need to Prove Retaliatory Intent

BakerHostetler on

On February 8, 2024, the Supreme Court of the United States (SCOTUS) unanimously ruled in Murray v. UBS Securities, LLC that employers can violate whistleblower protection statutes without evidence establishing retaliatory...more

The Volkov Law Group

Supreme Court’s Unanimous Decision Provides Important Protections for Sarbanes-Oxley Whistleblowers

The Volkov Law Group on

In a unanimous ruling, the Supreme Court reaffirmed the whistleblower protections of the Sarbanes-Oxley Act in the case, Murray v. UBS Securities, LLC et al. (February 8, 2024).  The Supreme Court’s decision reaffirms an...more

Morgan Lewis

Nuclear Whistleblower Cases: Supreme Court’s Sox Whistleblower Rationale Will Likely Be Applied

Morgan Lewis on

The US Supreme Court ruled in Murray v. UBS Securities LLC that whistleblowers under the Sarbanes-Oxley Act (SOX) need not prove retaliatory intent. This ruling is consistent with current precedent for Energy Reorganization...more

Miller Nash LLP

(We Can’t Have No) Retaliation: Part Two—Important Lessons for Employers Resulting from the SCOTUS Whistleblower Decision

Miller Nash LLP on

Outlined in part one of our series—SCOTUS Clarifies Whistleblower Claims Standard under Sarbanes Oxley—the U.S. Supreme Court reversed a federal court of appeals decision, resolving a recent federal appeals court split...more

Kramer Levin Naftalis & Frankel LLP

The US Supreme Court Rules in Murray v. UBS That SOX Whistleblowers Do Not Need To Prove Retaliatory Intent

On Feb. 8, 2024, the U.S. Supreme Court unanimously ruled in Murray v. UBS Securities, LLC that plaintiffs bringing whistleblower retaliation claims under Section 1514A of the Sarbanes-Oxley Act of 2002 do not need to prove...more

Vinson & Elkins LLP

Supreme Court Confirms Retaliatory Intent Is Irrelevant in Proving SOX Retaliation

Vinson & Elkins LLP on

On February 8, 2024, in its Murray v. UBS Securities, LLC1 opinion, the U.S. Supreme Court unanimously held that a whistleblower pursuing a claim for retaliation under the Sarbanes-Oxley Act of 2002 (“SOX”) does not need to...more

Eversheds Sutherland (US) LLP

No retaliatory intent required - “contributing factor” sufficient to prevail in SOX whistleblower claim

On February 8, 2024, the United States Supreme Court, in Murray v. UBS Securities, LLC, issued a decision that expands the ability of whistleblowers to seek anti-retaliation protections under federal whistleblower laws....more

MoFo Employment Law Commentary (ELC)

Whistleblower Roundup - Cal. Labor Code Section 1102.5, SOX, And More

Each year seems to bring significant developments in whistleblower law, and 2023 has been no exception. As whistleblower activity increases, so, too, has the scope of its protections. From state to federal government, from...more

Fox Rothschild LLP

Retaliation Claims Will Be Even Easier to Allege in 2024

Fox Rothschild LLP on

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

Ervin Cohen & Jessup LLP on

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

Epstein Becker & Green

Massachusetts Federal Judge Rules that Protected Activity Does Not Shield an Employee from the Consequences of Engaging in...

Epstein Becker & Green on

On November 13, 2023, in USA ex rel, Morgan-Lee, et al. v. The Whittier Health Network, LLC, et al., a Massachusetts federal district judge concluded that although the plaintiff engaged in protected activity when she raised...more

CDF Labor Law LLP

New Law Makes Establishing Retaliation Claims Easier For California Employees

CDF Labor Law LLP on

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

Jackson Lewis P.C.

FLSA Retaliation Provisions Protect Anticipated Collective Action Members, Third Circuit Holds

Jackson Lewis P.C. on

Does a plaintiff’s allegation, that he was about to join a pending Fair Labor Standards Act (FLSA) collective (class) action against his former employer, combined with the employer’s knowledge that he was a potential class...more

Constangy, Brooks, Smith & Prophete, LLP

ABCs of Employment Law: Retaliation

Just about every state or federal employment law has an anti-retaliation provision. Very simply put, anti-retaliation provisions are intended to protect individuals who either pursue their rights under the law, who assist...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

Sherman & Howard L.L.C.

Know-Nothing Defense a Winner in Retaliation Cases

A recent case out of the Sixth Circuit, Mangold v. Norfolk Southern Railway Co. reminds employers of the importance of keeping an employee’s participation in protected activity on a need-to-know basis as a preventative...more

Morgan Lewis - Up & Atom

NRC’s Atomic Safety and Licensing Board Dismisses Violations of NRC’s Anti-Retaliation Regulation

Morgan Lewis - Up & Atom on

In a recent Memorandum and Order (Order), an NRC Atomic Safety and Licensing Board (Board) unanimously granted summary disposition to the Tennessee Valley Authority (TVA), dismissing three alleged violations and partially...more

Hogan Lovells

New York dramatically expands whistleblower protection law with sweeping amendments

Hogan Lovells on

On October 28, 2021, New York Governor Kathy Hochul signed legislation enhancing the protections available to individuals who claim retaliation for reporting alleged employer wrongdoing. The legislation (S.4394A/A.5144A)...more

FordHarrison

Goodbye to Good Girls: A Lesson on Avoiding Retaliation Claims

FordHarrison on

Note: Includes spoilers for NBC’s Good Girls - What can NBC’s Good Girls teach us about retaliation claims at work? Let’s find out. - It’s so hard to say goodbye. (Cue Boys II Men, and pass the tissues.) After four...more

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

Texas Supreme Court Rules Request for Disability Accommodation Does Not Support Retaliation Claim Under State Law

Texas courts generally look to federal courts’ interpretation of federal anti-discrimination laws to assist in interpreting the anti-discrimination provisions of the Texas Commission on Human Rights Act (TCHRA). However, the...more

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