Employment Litigation, Appellate Courts, Retaliation

If You See Something, Do You Fix It If It Isn’t Your Employee? 6th Circuit Applies Higher Standard to Non-Employee Harassment Case

Bradley Arant Boult Cummings LLP on 8/20/2025

An employee tells you a customer just harassed them — what should you do? In Bivens v. Zep, Inc. the Sixth Circuit Court of Appeals charts its own course in addressing employer liability for third-party harassment. The Equal...more

Fourth Circuit Holds That Intervening Events Do Not Erase Retaliation Claims

Parker Poe Adams & Bernstein LLP on 8/1/2025

On July 25, 2025, a three-judge panel of the Fourth Circuit issued its opinion in Finley v. Kraft Heinz Inc. upending the grant of summary judgment to an employer in a retaliation case. ...more

Courts Clarify California Whistleblower Law

Littler on 7/23/2025

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

Remand Rules: Oregon Supreme Court Clarifies What You Can Appeal

Littler on 6/30/2025

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

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

Fisher Phillips on 11/25/2024

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

First Circuit Issues Opinion Clarifying FLSA’s Administrative Exemption

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/15/2023

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

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

Parker Poe Adams & Bernstein LLP on 12/2/2022

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

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

Genova Burns LLC on 3/9/2022

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

Employment Litigation › Appellate Courts › Retaliation

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