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Appellate Courts › Retaliation

Littler

Courts Clarify California Whistleblower Law

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Earlier this month, the Court of Appeal and the California Supreme Court provided helpful guidance on whistleblower retaliation cases. The Court of Appeal addressed who is a prevailing party entitled to fee and cost recovery...more

Littler

Remand Rules: Oregon Supreme Court Clarifies What You Can Appeal

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On June 24, 2025, the Oregon Supreme Court held in Crosbie v. Asante that a trial court order of the scope of issues to be retried after reversal and remand cannot be immediately appealed....more

Fisher Phillips

Florida Appellate Court Raises Bar for Whistleblower Claims: Key Takeaways and 6 Steps Employers Should Take Now

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A Florida state appellate court just issued a ruling raising the bar for workers pursuing whistleblower claims and making it easier for employers to defeat lawsuits before trial – but created a conflict with another appellate...more

Littler

Littler Lightbulb: May Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in the federal courts of appeal in the last month. Seventh Circuit Finds EEOC Failed to Prove Racial Harassment in Multi-Employee...more

Constangy, Brooks, Smith & Prophete, LLP

Employer “waived” bye-bye to arbitration after litigating for 7 months

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A federal appeals court recently refused to let a mortgage broker send its former employee’s disability discrimination lawsuit to arbitration, stating the company waived its right to arbitration when it actively participated...more

McGlinchey Stafford

Workplace Retaliation: Court Slashes $366M Jury Verdict

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This significant workplace retaliation case, Harris v. FedEx, underscores the critical importance of conducting thorough investigations into any allegations of discrimination or harassment by employees. Thorough documentation...more

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

First Circuit Issues Opinion Clarifying FLSA’s Administrative Exemption

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On August 14, 2023, the U.S. Court of Appeals for the First Circuit issued a decision—Marcus v. American Contract Bridge League—clarifying and applying the standards for determining whether an employee qualifies for the Fair...more

Jackson Lewis P.C.

Pennsylvania Appellate Court Affirms Summary Judgment in Whistleblower Case

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Whistleblower claims of all types generally require proof of three elements; a complaint of conduct believed to be unlawful (protected activity), some form of discipline (an adverse action), and proof that the adverse action...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

3RD CIR. Clarifies FCA Retaliation Standard, Widens Door For Plaintiffs, Leaves Loose End

Pietragallo Gordon Alfano Bosick & Raspanti,... on

On November 30, 2022, the United States Court of Appeals for the Third Circuit revived a quality control manager’s FCA retaliation claim in United States ex rel. Ascolese v. Shoemaker Constr. Co., — F.4th —, 2022 WL 17335121...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Infrequent but Repeated Comments Can Create a Hostile Working Environment Based on Race

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Long-time EmployNews readers know that we have repeatedly written about the changing legal standard for racial harassment claims adopted by the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina,...more

Fox Rothschild LLP

How Far Does FLSA Retaliation Protection Extend: According To the Third Circuit, A Long Way!

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Naturally, an employee who is to testify in a FLSA action cannot be retaliated against. Does that protection extend to someone who makes it known that they want to join a collective FLSA action?...more

Genova Burns LLC

NJ Appellate Division Upholds Requests, Not Commands, By Employers to Maintain Confidentiality in Employment Investigations

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On February 28, 2022, the New Jersey Appellate Division ruled that a request for confidentiality by an investigator in connection with a discrimination or harassment investigation is valid and does not violate an employee’s...more

Weintraub Tobin

OSHA’s COVID-19 Vaccine or Test Mandate Is BACK in Play… For Now

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On Friday, December 17, 2021, the federal Sixth Circuit Court of Appeals granted an emergency motion to dissolve the stay of the federal OSHA COVID-19 vaccine or test mandate for large employers. Background. On...more

Jackson Lewis P.C.

EEOC Argues For Broader Causation Standard And Provides A Peek Into The EEOC’s Future Focus

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Legal precedent, including language from the U.S. Supreme Court, requires federal courts to take a broad view of the “but-for” causation standard for determining unlawful age discrimination in the workplace, Equal Employment...more

Rivkin Radler LLP

The Employment Law Reporter - February 2021

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Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has affirmed the dismissal of an employment discrimination lawsuit. •A mediation agreement that...more

Proskauer - California Employment Law

Appellate Court Reverses $13 Million Gender Discrimination Verdict

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Today, the California Court of Appeal reversed a blockbuster $13 million judgment that was entered against UCLA in favor of one of its former professors of medicine, Dr. Lauren Pinter-Brown. Dr. Pinter-Brown sued for alleged...more

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

New Jersey Supreme Court Holds Stealing Documents to Support Discrimination Claims Can Be Prosecuted as Theft

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In State v. Saavedra (A-68-13, June 23, 2015), the New Jersey Supreme Court upheld the criminal indictment of a public sector employee who stole confidential documents to support her discrimination and retaliation claims. As...more

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