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Employer Liability Issues Whistleblowers Employment Litigation

Friling Law

OSHA Retaliation Claims Under Section 11(c): A Legal and Practical Guide for Employers

Friling Law on

Employers across the U.S. must follow not only the workplace safety rules set out in the Occupational Safety and Health Act of 1970 (the “OSH Act”), but also its anti-retaliation protections — some of the strongest yet often...more

Spilman Thomas & Battle, PLLC

Understanding Virginia's Whistleblower Laws and How Employers Can Avoid Lawsuits

Virginia has two main laws protecting whistleblowers. The oldest, the Fraud and Abuse Whistle Blower Protection Act (Act), Virginia Code §§ 2.2-3009 et seq., previously applied only to federal and state agencies before being...more

Cozen O'Connor

New York Note: Ex-NYPD Sues City, City Legislation, State Overtime Costs, International Affairs Commissioner

Cozen O'Connor on

Ex-NYPD Official Sues Mayor - Former NYPD Deputy Commissioner Tom Donlon has filed a federal lawsuit against Mayor Eric Adams, senior NYPD leaders, and City Hall. Donlon briefly served as Interim NYPD Commissioner for two...more

CDF Labor Law LLP

Whistleblower Loses Fee Award Despite Jury Finding: Court Clarifies “Successful Action” Standard Under Labor Code Section 1102.5

CDF Labor Law LLP on

Retaliation Verdict Reversed Where Plaintiff Obtained No Relief - Can an employee prove retaliation at trial yet still recover nothing – not even attorney’s fees? According to a recent decision from the California Court of...more

Clark Hill PLC

10 Compelling Reasons for Employment Arbitration: Tackling Litigation Imbalance

Clark Hill PLC on

This third installment of the 10 Compelling Reasons for Employment Arbitration explores the impact of an arbitration agreement on a plaintiff’s litigation strategy. As discussed herein, arbitration programs can tamp down a...more

BCLP

Whistleblowing Job Applicants, Discrimination Outside Employment, and Liability for HR Consultants, Plus a News Roundup - UK HR...

BCLP on

Our employment law update for May covers a new EAT case on whether job applicants can bring whistleblowing claims, whether a blatant racial insult falls outside the scope of the Equality Act 2010 because it was not made “in...more

Conn Maciel Carey LLP

[Webinar] MSHA Whistleblower Update and Understanding 105c - April 22nd, 10:00 am PT

Conn Maciel Carey LLP on

Whistleblower complaints represent a distinct category of MSHA investigations, primarily rooted in employment law rather than safety and health regulations. This distinction often leads to misunderstandings and mishandling by...more

Constangy, Brooks, Smith & Prophete, LLP

FMLA brain teaser!

Try wrapping your head around this one. All of you experts on the Family and Medical Leave Act, gather 'round! The following is from a real lawsuit that was filed Wednesday in federal court in Indianapolis. The plaintiff...more

CDF Labor Law LLP

[Webinar] Golden Rules Gone Wrong: Top 10 Compliance Hazards for California Workplaces in 2025 - January 29th, 10:00 am - 11:00 am...

CDF Labor Law LLP on

With employment lawsuits and regulatory scrutiny on the rise, staying ahead of employment law compliance risks is critical. California employers face unique challenges as the Golden State continues to lead the nation in labor...more

Fisher Phillips

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

Fisher Phillips on

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

Marshall Dennehey

Florida’s Fourth District Court of Appeal Explores “Cat’s Paw” Liability Theory in an Employment Law Whistleblower Retaliation...

Marshall Dennehey on

City of Hallandale Beach v. Rosemond, 4D2022-2642, 2024 WL 2836937 (Fla. 4th DCA June 5, 2024) - A former city employee filed a lawsuit against the defendant pursuant to section 112.3187(4)(a)-(b), Florida Statutes, where he...more

Shook, Hardy & Bacon L.L.P.

Summer 2024 Highlights the Challenges of California Employment Disputes

Summer 2024 brought a few reminders of what costly challenges employment disputes in California can be, regardless of venue or subject matter. This brief alert simply highlights two recent jury verdicts and the challenge of...more

Husch Blackwell LLP

The Labor Law Insider - Whistleblower Breaks Details of NLRB Mail Ballot Election Abuse – Part II

Husch Blackwell LLP on

In Part II of this exclusive Labor Law Insider podcast, former National Labor Relations Board Assistant Regional Director Rebecca Dormon continues to share her story of becoming a whistleblower against the federal agency she...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

Fisher Phillips on

The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

BCLP

UK HR Two-Minute Monthly: May 2024

BCLP on

Our May update includes a case on whistleblowing where the claimant’s belief in the disclosures was questioned along with whether decision makers who knew little or nothing about the disclosures could be blamed for those who...more

Littler

Joint Employment and the Cat’s Paw: Oregon Court of Appeals Sets Precedent

Littler on

On April 17, 2024, the Oregon Court of Appeals recognized a government employee’s whistleblower claim under state law against a city that employed him under an intergovernmental agreement with another city. ...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your April To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2024

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more

Littler

Littler Lightbulb: February Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....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

Fisher Phillips

SCOTUS Makes it Harder for Employers to Defend Against Whistleblower Retaliation Claims: Key Takeaways for Businesses

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The Supreme Court just rejected an employer’s argument that a whistleblower needs to show the employer acted with retaliatory intent to prove retaliation under the Sarbanes-Oxley Act (SOX), a federal law that protects...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Employment Flash - February 2024

In this issue, we discuss upcoming regulatory changes as well as recent court decisions with far-reaching implications, including case law on the need to replace share awards on a TUPE transfer and a UK Supreme Court ruling...more

A&O Shearman

New Rules Highlight the Need to Review Employee Forms and Policies

A&O Shearman on

For many companies, the use of “form” employee documents is an efficient practice that ensures consistent treatment. That said, reliance on forms can often breed complacency. In this new year, companies should consider a...more

Fisher Phillips

SCOTUS Predictions: Ruling in Whistleblower Retaliation Case Will Impact Employers’ Defense Strategy

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Does a fired whistleblower need to show their employer acted with retaliatory intent to prove retaliation under the Sarbanes-Oxley Act (SOX)? The Supreme Court has been asked to review the standard of proof in such cases –...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

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