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Anti-Retaliation Provisions Corporate Counsel

Conn Maciel Carey LLP

Common Questions in Evaluating a Whistleblower Complaint Filed with OSHA

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In FY 2023, the Occupational Safety and Health Administration (“OSHA”) received 3,243 Whistleblower complaints filed under various statutes’ anti-retaliation provisions. OSHA is charged with investigating alleged retaliation...more

Fisher Phillips

End of NY Legislative Session Leaves Employers Watching Key Workplace Bills

Fisher Phillips on

New York’s two-year 2025-2026 legislative session hit its midpoint in June, with lawmakers wrapping up the first year by passing a slew of workplace-related bills that now await action from Governor Hochul. As federal labor...more

Fisher Phillips

EU’s Pay Equity Directive: 5 Key Points Employers Need to Know

Fisher Phillips on

Employers with operations in the European Union should ensure they are familiar with a pay equity directive aiming to close the gender pay gap that will soon come fully online. The directive was signed into law in 2023, and...more

Bradley Arant Boult Cummings LLP

Investigations: Employers Can Avoid Getting in Their Own Way with Some Planning

At some point, every employer will need to investigate an employee’s complaint. An investigation is an important tool that employers can use to fix a workplace problem and minimize liability. Or, an investigation can create...more

BakerHostetler

California Employment Laws Related to States of Emergency

BakerHostetler on

Amid the ongoing Southern California wind and fire emergencies, California employers should keep in mind key emergency-related legal protections for employees and obligations placed on employers. Specifically, the Wage Theft...more

Proskauer - California Employment Law

Employers’ Wage and Hour FAQs: California Wildfires Edition

Wildfires continue to rage across Southern California, leveling entire neighborhoods, forcing evacuations for tens of thousands of people, and posing incredible hardship on businesses and their employees...more

Jackson Lewis P.C.

NYS Paid Prenatal Leave: Employers Must Manage a New Entitlement in the New Year

Jackson Lewis P.C. on

Beginning Jan. 1, 2025, all private-sector employers in New York must provide eligible employees 20 hours of paid prenatal leave. An amendment to the New York Paid Sick Leave Law (Labor Law Section 196-b) mandates employers...more

Mintz

DOJ Reinforces Emphasis on Voluntary Self-Disclosure With Latest Updates to the Evaluation of Corporate Compliance Programs...

Mintz on

On September 23, 2024, the Criminal Division of the United States Department of Justice (“DOJ” or the “Department”) revised its Evaluation of Corporate Compliance Programs guidance (the “ECCP”)....more

Fisher Phillips

Will Trend to Limit Warehouse Production Quotas Go National? 3 Things Employers Should Know

Fisher Phillips on

Congress is currently considering a bill that would restrict production quotas for warehouse workers and mandate certain safety measures, following in the footsteps of several states that have implemented similar...more

Littler

Massachusetts Latest State Expected to Restrict Access to Credit Reports for Employment Purposes

Littler on

On March 14, 2024, the Massachusetts House of Representatives passed legislation that would add a new provision to the Massachusetts Consumer Protection law and would bar the use of true credit reports for employment...more

Bradley Arant Boult Cummings LLP

Are They Qualified? 11th Circuit Further Defines ADA Category

Does the fact that an individual is disabled automatically make him a “qualified individual with a disability” under Title I of the ADA? In Stanley v. City of Sanford, Florida, the Eleventh Circuit said no....more

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

New California Law Makes It Easier for Employees to Establish Retaliation Claims

On October 8, 2023, Governor Gavin Newsom signed into law Senate Bill (SB) No. 497—also referred to as the Equal Pay and Anti-Retaliation Protection Act. SB 497 amends California Labor Code Sections 98.6, 1102.5, and 1197.5...more

Ballard Spahr LLP

SEC Increases Scrutiny of Whistleblower Protections

Ballard Spahr LLP on

Summary - The Securities and Exchange Commission (SEC) has recently announced settlements with a number of companies whose separation agreements or internal policies the SEC viewed as impeding employees’ participation in the...more

Foley & Lardner LLP

What’s Next for Labor and Employment Laws in California?

Foley & Lardner LLP on

The 2023 California Legislative session, which ended on September 14, 2023, saw a flurry of activity on labor and employment-related laws. Governor Newsom has until October 14, 2023, to sign, veto, or pocket veto (i.e., take...more

Fisher Phillips

New Washington Law Targets Warehouse Production Quotas: Top 10 Questions for Employers and Staffing Agencies

Fisher Phillips on

A new law in Washington state aims to protect warehouse employees by setting certain requirements for employers and warehouse staffing agencies. HB 1762, which Governor Inslee signed into law on May 4, defines and requires...more

Seyfarth Shaw LLP

EU Whistleblower Directive – Where Are We Now?

Seyfarth Shaw LLP on

As the last of the EU member states implement the Whistleblower Directive, we recap the new rules employers need to be aware of, and give our views on whether a ‘one size fits all’ approach is feasible....more

Fisher Phillips

Weakened Warehouse Worker Protection Act Still Packs Punch For Certain New York Employers: 5 Key Changes to Know

Fisher Phillips on

With the June 19 effective date on the horizon, employers subject to New York’s Warehouse Worker Protection Act should begin preparations to comply with the law’s requirements sooner rather than later. Signed into law at the...more

Fisher Phillips

Seattle Becomes First City in Nation to Ban Caste Discrimination

Fisher Phillips on

The Seattle City Council voted yesterday to pass a bill that adds “caste” to those classes of people protected from discrimination in various arenas, including employment, housing, and public accommodations. While a small...more

Akin Gump Strauss Hauer & Feld LLP

The SEC Reminds Companies Not to Forget the ‘S’ in ESG: Activision Blizzard Reaches $35 Million Settlement Over Disclosure...

Key Points - On February 3, 2023, Activision Blizzard settled charges with the SEC, agreeing to pay $35 million to resolve novel claims that the company failed to maintain adequate disclosure controls to track workplace...more

Foley Hoag LLP

OSHA Announces Interim Final Rule on Antitrust Whistleblower Retaliation Claims

Foley Hoag LLP on

The Occupational Safety and Health Administration (“OSHA”) of the U.S. Department of Labor has released a new rule that will give antitrust whistleblowers added protection against retaliation. The new rule establishes...more

Proskauer - Whistleblower Defense

DC Circuit: SOX’s Anti-Retaliation Provision Does Not Apply Extraterritorially

As we previously reported, on February 13, 2020, an Administrative Law Judge (ALJ) of the Department of Labor (DOL) dismissed a former in-house attorney’s whistleblower claims because he worked entirely outside of the United...more

NAVEX

Unpacking the Term “Whistleblower”

NAVEX on

The term whistleblower carries a lot of baggage – but you wouldn’t know this from its dictionary definition. The Merriam Webster dictionary defines a whistleblower as “one who reveals something covert or informs against...more

NAVEX

Separating the Whistleblower from Whistleblowing in the U.K.

NAVEX on

On December 7, 2022, NAVEX hosted a Whistleblowing in the U.K. event at the Royal Institute of British Architects in London. Our guest speakers for the session were MP Mary Robinson, who has been pivotal in driving the new...more

NAVEX

Creating a No-Tolerance Approach to Retaliation

NAVEX on

Over one-quarter (28 percent) of organizations surveyed in our 2022 Regional Whistleblowing Hotline Benchmark Report did not confirm that an anti-retaliation policy was a part of their organization’s confidential reporting...more

Fisher Phillips

New Laws for New York Employers in a New Year: What You Need to Know as 2023 Unfolds

Fisher Phillips on

After a few years of rapid and expansive change to New York’s workplace laws, involving adjustments to workplace safety, employee pay, benefits, and privacy, there was a noticeable slowdown for the state legislature this past...more

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