Popular, Retaliation, Corporate Counsel

End of NY Legislative Session Leaves Employers Watching Key Workplace Bills

Fisher Phillips on 7/3/2025

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

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and...

Littler on 4/28/2025

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission...more

California Employment Laws Related to States of Emergency

BakerHostetler on 1/16/2025

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

Illinois Extends Statute of Limitations for Filing Discrimination Claims Under Illinois Human Rights Act, Adds Protected Classes,...

Littler on 8/14/2024

Last week, Governor JB Pritzker signed into law several bills that significantly amend the Illinois Human Rights Act (IHRA). As a result of these amendments, Illinois employers should expect an uptick in discrimination cases...more

Fifth Circuit Finds Employee's Protest of COVID-19 Measures Protected Concerted Activity

Parker Poe Adams & Bernstein LLP on 3/29/2024

The National Labor Relations Act’s employee protections extend beyond unionized workplaces or those undergoing organizing activities. Section 8(a)(1) of the NLRA prohibits employers from retaliating against employees who...more

A Review of Recent Whistleblower Developments - April 2023

Foley & Lardner LLP on 4/21/2023

Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business. Recent developments include: Third...more

True Facts About False Claims: MoFo's FCA Newsletter

Morrison & Foerster LLP on 1/6/2023

Designed for busy in-house counsel and compliance professionals, this newsletter seeks to bring you up to speed on key federal and state False Claims Act (FCA) developments, with links to primary resources. Each quarter, we...more

Employers Beware: Preparing for the Inevitable Flood of COVID-Related Lawsuits

Payne & Fears on 5/27/2020

As states lift their “stay-at-home” orders, employers who have struggled to survive the economic toll of the COVID-19 crisis now face a new threat: uncertain legal liability in a post-COVID market. As we transition away from...more

$2M Jury Award to Employee Vacationing While on Medical Leave Highlights Pitfalls for Employers

McGuireWoods LLP on 6/26/2019

It is no secret that employees sometimes abuse benefits under the Family and Medical Leave Act (FMLA). Nor is it a secret that pitfalls abound for employers trying to limit such abuse while accommodating legitimate needs for...more

The First “Me Too” Verdict in New York Should Send A Strong Message to Managers and Employers

Kelley Drye & Warren LLP on 8/6/2018

On Friday, July 27, after a 3 week trial in Manhattan, a jury awarded $1.25 million in damages to Enrichetta Ravina, a former professor at Columbia University Business School, who claimed that she was denied tenure and forced...more

The Whistle Keeps Blowing: SEC Whistleblower Office Releases Its 2017 Annual Report

Orrick - Employment Law and Litigation on 12/1/2017

The SEC released its Fiscal Year 2017 Annual Report (the “Report”) to Congress on the Dodd-Frank Whistleblower Program on November 16, 2017. The Report analyzes the tips received over the last twelve months by the SEC’s...more

End of Fiscal Year Filings Signal Business as Usual at the EEOC – For Now

Franczek P.C. on 10/4/2017

Just like the leaves turning colors, you can count on a flurry of court filings from the Equal Employment Opportunity Commission (EEOC) every September as the agency rushes to get cases on file before the end of its fiscal...more

Employment Law This Week®: Federal Decision on Website Accessibility, Mandatory Class Action Waivers, Sexual Harassment Case...

Epstein Becker & Green on 6/26/2017

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

The Northern District of New York Applies the “Reasonable Belief” Standard

Proskauer - Whistleblower Defense on 5/25/2017

On May 11, 2017, the Northern District of New York applied the Second Circuit’s standard for evaluating a Dodd-Frank retaliation claim in response to a motion to dismiss under F.R.C.P. Rule 12(b)(6). The court denied the...more

Social Media Lesson for Employers: Recent $1.5 Million Retaliatory Discharge Verdict

Burr & Forman on 5/16/2017

On May 11, 2017, a federal jury in Charlotte, North Carolina awarded a former fire department employee, Crystal Eschert, a $1.5 million verdict in a retaliatory discharge lawsuit that teaches powerful lessons in today’s...more

Same-Sex Harassment Not Actionable When Conduct Not Based on Gender

Parker Poe Adams & Bernstein LLP on 11/15/2016

Employees can consider a working environment to be hostile due to sexual conduct, even when the workplace is all male or all female. The Equal Employment Opportunity Commission (EEOC) and federal courts have long held that...more

Employee fired while on FMLA leave: Why it was OK

McAfee & Taft on 10/7/2016

Don’t get me wrong: Firing an employee while they are on a Family and Medical Leave Act (FMLA) absence is dicey. But, as a recent federal appeals court decision that covers Oklahoma employers demonstrates, there are...more

This Cold Bud Is For You: SEC Sanctions Anheuser-Busch for “Chilling” Employee from Communicating with SEC

Orrick, Herrington & Sutcliffe LLP on 9/30/2016

On September 28, 2016, the SEC announced that Anheuser-Busch agreed to pay $6 million to settle charges of Foreign Corrupt Practices Act and Dodd-Frank whistleblower violations. The SEC’s order stated that AB InBev violated...more

Anheuser-Busch InBev and Lessons in Joint Venture FCPA Compliance

Thomas Fox - Compliance Evangelist on 9/30/2016

Just in time for National Beveridge Day comes the Foreign Corrupt Practices Act (FCPA) enforcement action involving Anheuser-Busch InBev (ABI), where the company paid $6 million to settle charges that it violated the FCPA and...more

Eighth Circuit Deals Significant Blow To SOX And Dodd-Frank Whistleblowers

Proskauer - Whistleblower Defense on 6/14/2016

On June 6, 2016, the Eighth Circuit affirmed the Minnesota District Court’s grant of summary judgment on SOX and Dodd-Frank whistleblower retaliation claims based on the plaintiff’s failure to establish a reasonable belief...more

Still Cookin’ In California Court: Bakery Employer Survives EEOC Motion For Summary Judgment

Seyfarth Shaw LLP on 4/26/2016

In what has become an oft-used recipe in the EEOC cookbook of Title VII retaliation litigation, the government has once again utilized the strategy of taking an employer’s deposition and thereafter moving for summary...more

OSHA’s New Whistleblower Investigations Manual Lowers Pleading Standards

Epstein Becker & Green on 2/23/2016

The Occupational Safety and Health Administration (“OSHA”) just changed the way that it evaluates whistleblower retaliation complaints in a manner that should concern employers in nearly every industry. This is important...more

Where Have You Gone Dennis Kozlowski? Third Circuit Dismisses Tyco Employee’s Whistleblower Claim Over Excessive Corporate...

Orrick - Employment Law and Litigation on 2/9/2016

On February 2, 2016, the Third Circuit affirmed the dismissal of a long-running SOX whistleblower suit filed by Jeffrey Wiest, a former accounts payable manager for Tyco Electronics. The decision is the first in which the...more

Second Circuit Clarifies Pleading Standard for Title VII Claims

Proskauer - Law and the Workplace on 8/7/2015

A Second Circuit panel recently revived a former employee’s racial discrimination suit against New York City, reversing in part the Southern District of New York’s dismissal of her case. In Littlejohn v. City of New York,...more

Economic Downturn Week, Part II – The Golden Gate Bridge and Employment Separation – Hotlines and Whistleblowers During Layoffs

Thomas Fox - Compliance Evangelist on 5/27/2015

I use the Golden Gate Bridge as an entrée to my continued discussion on the series on steps that you can use in your compliance program if you find yourself, your company or your industry in an economic downturn. Whether you...more

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