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Anti-Retaliation Provisions Employer Liability Issues Employees

Ballard Spahr LLP

New Philadelphia Ordinance Aims to EmPOWER Employees

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On May 27, 2025, Philadelphia Mayor Cherelle Parker signed the Protect Our Workers, Enforce Rights Act (POWER Act). The ordinance, found here, aims to enhance protections related to paid sick leave, wage theft, and domestic...more

Perkins Coie

Alaska Ushers in Increased Minimum Wage and Guaranteed Sick Leave

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Voters in Alaska approved Ballot Measure 1, which will boost Alaska’s minimum wage and provide guaranteed sick leave to workers. First, Ballot Measure 1 increases Alaska’s minimum wage to $13.00 per hour, effective July 1,...more

Littler

Illinois Makes Move to Ban Employer-Sponsored Meetings

Littler on

For over 75 years, the National Labor Relations Board and courts (including the U.S. Supreme Court) have held the right of employees to make informed choices about unions is best served when employers share competing...more

International Lawyers Network

Paid Leave

The following paper aims to succinctly address the question "Under what circumstances is an employee entitled to paid leave?” This guide offers an overview of legal aspects of paid leave in the requisite jurisdictions....more

Sheppard Mullin Richter & Hampton LLP

United States Supreme Court Endorses Low Burden of Proof for Whistleblowers

In Murray v. UBS Securities, LLC, 601 U. S. ____, 2024 WL 478566 (2024), the United States Supreme Court (Sotomayor, J.) held that whistleblowers do not need to prove their employer acted with “retaliatory intent” to be...more

Jones Day

Supreme Court Holds Proof of Retaliatory Intent Not Required for Sarbanes-Oxley Whistleblower Claims

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The Background: In August 2022, the United States Court of Appeals for the Second Circuit held in Murray v. UBS Securities, LLC., et al. ("Murray") that an employee suing his employer under the anti-retaliation provisions of...more

Ius Laboris

Belgium’s new whistleblowing law

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The EU Whistleblowing Directive has been implemented in Belgium and SMEs have only until 17 December to act. Here we consider some of the key details of the new Belgian legislation....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

CDF Labor Law LLP

California Supreme Court Broadens Whistleblower Protection for Employees

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California Labor Code Section 1102.5(b) prohibits employers from retaliating against “whistleblowing” employees for disclosing information about suspected violations of law to a person with authority over the employee or...more

Pullman & Comley - Labor, Employment and...

Connecticut General Statutes § 31-51q at 40: Emerging Questions for Connecticut’s Employee Free Speech Statute

THE NEW YEAR, 2023, MARKS THE 40TH anniversary of the initial passage of Connecticut General Statutes § 31-51q. Connecticut’s employee free speech protection statute, Section 31-51q, broadly protects both public and...more

Foley Hoag LLP

OSHA Announces Interim Final Rule on Antitrust Whistleblower Retaliation Claims

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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

Littler

Littler World Cup Matchups Part 5: Whistleblower Protections

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Welcome back to our World Cup series, where we compare various aspects of labor and employment law in some of the participating countries. We kicked off Parts One and Two of this series with vacation and sick leave...more

Foley Hoag LLP

New York Prohibits Retaliation Against Employees for Lawful Absences

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New York has passed a new law intended to ensure that workers are permitted to take lawful absences from work without being penalized. The new measure amends Section 215 of the New York Labor Law to prohibit an employer from...more

Perkins Coie

Washington, D.C., Ban on Non-Competes Postponed Until October 2022

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Mayor Muriel Bowser signed the District of Columbia’s Ban on Non-Compete Agreements Amendment Act of 2020 (D.C. Act 23-563) (the Act) on January 11, 2021. The Act includes one of the most expansive bans on non-compete...more

Bradley Arant Boult Cummings LLP

New Tennessee Law Prohibits Many Employers from Requiring Proof of COVID-19 Vaccination Status, Creates Exemption Process for...

Employers in Tennessee need to hold off on requiring COVID-19 vaccine proof from employees because they might run afoul of a newly minted law. On November 12, Tennessee Gov. Bill Lee signed an omnibus COVID-19 bill into law...more

Foley Hoag LLP

Massachusetts Supreme Judicial Court Broadly Interprets Anti-Retaliation Provision of Domestic Violence Leave Statute

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On August 25, 2021, the Massachusetts Supreme Judicial Court ruled in Osborne-Trussell v. Children’s Hospital Corporation that a nurse whose employment was terminated prior to her start date after disclosing to her employer...more

ArentFox Schiff

New York HERO Act Requires Urgent Employer Action

ArentFox Schiff on

On May 5, 2021, in response to the COVID-19 pandemic, Governor Andrew Cuomo signed the New York Health and Essential Rights Act (“NY HERO Act”) into law. The NY HERO Act requires extensive workplace health and safety...more

Bass, Berry & Sims PLC

OSHA Issues Emergency Temporary Standard to Protect Healthcare Workers from COVID-19

Bass, Berry & Sims PLC on

In response to President Biden’s Executive Order issued on January 21, 2021, directing the Occupational Safety and Health Administration (OSHA) to take action to reduce the risk that workers may contract COVID-19 in the...more

Butler Snow LLP

Avoiding Safety-Based Workplace Retaliation Claims

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There finally seems to be a light at the end of the dark, COVID-19 pandemic tunnel. As spring transitions to summer, COVID-19 case numbers are decreasing while the vaccination rate is increasing. Given these positive...more

Conn Kavanaugh

Law Requiring all Massachusetts Employers to Provide COVID-19 Emergency Paid Sick Leave Signed by Gov. Baker, Effective...

Conn Kavanaugh on

Effective immediately, Massachusetts employers must furnish up to 40 hours of COVID-19 emergency paid sick leave (“COVID Leave”) to their employees, to be made available either through September 30, 2021, or until the...more

Sheppard Mullin Richter & Hampton LLP

Governor to Consider Significant New Health and Safety Obligations as NY HERO Act Passes State Legislature

On April 23, 2021, the New York state legislature delivered a copy of the Health and Essential Rights Act (the “HERO Act” or the “Act”) to Governor Andrew Cuomo for signature. The legislation was created as a response to...more

Sheppard Mullin Richter & Hampton LLP

DFEH Issues Guidance to Employers Regarding Mandatory COVID-19 Vaccination Policies

On March 4, 2021, the California Department of Fair Employment and Housing (“DFEH”) updated its COVID-19 related guidance. In addition to addressing whether an employer may ask about symptoms, take employees’ temperatures,...more

McDermott Will & Schulte

Neues zum Whistleblowing – Meinungsfreiheit und Staatsbürgerpflicht vs. Loyalität im Arbeitsverhältnis

Zumeist sind es Arbeitnehmer, die Missstände oder Straftaten melden, welche ihnen im Zusammenhang mit ihrem Arbeitsverhältnis bekannt geworden sind. Mangels ausdrücklicher gesetzlicher Regelung besteht jedoch für Arbeitnehmer...more

Pillsbury Winthrop Shaw Pittman LLP

DC Council Passes COVID-19 Pandemic Emergency Workplace Safety Statute

On February 1, 2021, DC Mayor Bowser signed emergency legislation passed by the DC Council, requiring DC employers to “adopt and implement social distancing and worker protection policies to prevent transmission of COVID-19...more

Butler Snow LLP

The Impact of the New OSHA Guidance on Other Employment Policies and Practices

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On January 21, 2021, President Biden issued an Executive Order on Protecting Worker Health and Safety directing the Assistant Secretary of Labor for Occupational Safety and Health to issue science-based guidance for employers...more

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