News & Analysis as of

Whistleblowers Retaliation

Felicello Law PC

When Do You Have a Duty to Blow the Whistle? (And Call a Lawyer!)

Felicello Law PC on

No one wants to be a “snitch” – snitches get stiches, right? But protecting wrongdoers with silence can cause serious harm. That’s why consumer advocate Ralph Nader popularized the term “whistleblower” in the 1970s, to cast a...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

Conn Maciel Carey LLP

Common Questions in Evaluating a Whistleblower Complaint Filed with OSHA

Conn Maciel Carey LLP on

In FY 2023, the Occupational Safety and Health Administration (“OSHA”) received 3,243 Whistleblower complaints filed under various statutes’ anti-retaliation provisions. OSHA is charged with investigating alleged retaliation...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

Littler

Can an Employee Claim Retaliation for Whistleblowing When They Were Simply Doing Their Job?

Littler on

Assume the following, you ask your company’s in-house counsel to handle a highly sensitive matter involving bribery of foreign officials. The employee is given access to confidential attorney-client privileged information...more

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

NLRA Preempts New Jersey Whistleblower and Antidiscrimination Law Claims, Federal Court Rules

In Davis v. Benihana, Inc., the U.S. District Court for the District of New Jersey dismissed the plaintiff-employee’s claims for retaliation under the New Jersey Conscientious Employee Protection Act (CEPA) and New Jersey Law...more

Proskauer - California Employment Law

Nuclear Winter:  The Post-Verdict Battle in Employment Cases

As we have previously reported here and here, “nuclear” verdicts from California juries in employment discrimination and harassment cases have become increasingly common over the past few years. Although these massive...more

Proskauer - Whistleblower Defense

DC District Court Dismisses SOX Whistleblower Retaliation Claim Where Plaintiff Was Employed Abroad And His Employment Contract...

In Jefferson v. Science Apps. Int’l Corp., et al.,[1] the U.S. District Court for the District of Columbia dismissed the plaintiff’s whistleblower retaliation claim brought under Section 806 of the Sarbanes-Oxley Act (“SOX”...more

Proskauer - Whistleblower Defense

Washington Federal Court Refuses to Dismiss SOX Whistleblower Claim Despite Plaintiff Working Abroad

On March 25, 2025, in Smith v. Coupang,[1] the United States District Court for the Western District of Washington denied Coupang, Inc.’s motion to dismiss its former employee’s SOX and state law whistleblower claims despite...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

Fisher Phillips

Congress Considers AI Whistleblower Law: What Employers Need to Know Now

Fisher Phillips on

A bipartisan bill pending before Congress would make it illegal to retaliate against employees who speak up about AI-related risks. Senators from both sides of the aisle introduced the AI Whistleblower Protection Act (S....more

Clark Hill PLC

Colorado Court of Appeals rules that claims under the Health Care Worker Protection Act are subject to the Colorado Governmental...

Clark Hill PLC on

On May 8, the Colorado Court of Appeals concluded that any claim that might be asserted under the Health Care Worker Protection Act (“HCWPA”), C.R.S § 8-2-123, is subject to the notice requirement in the Colorado Governmental...more

Foley & Lardner LLP

Illinois Broadens Scope of Whistleblower Act, Strengthening Protections for Whistleblowers in the State

Foley & Lardner LLP on

The Illinois Whistleblower Act (the “Act”) provides protections to employees who make reports of certain fraudulent and illegal conduct occurring in their workplaces. In the past legislative session, the Illinois General...more

Seward & Kissel LLP

Employment Litigation Roundup: April 2025

Seward & Kissel LLP on

Second Circuit holds employees get disability accommodations even if not necessary to perform their job - In Tudor v. Whitehall Central School District, the Second Circuit Court of Appeals vacated a lower court’s grant of...more

Woods Rogers

A Retaliation Refresher: What's the Tea in L&E?

Woods Rogers on

In this episode of What’s the Tea in L&E, Labor & Employment attorney Mike Gardner joins host Leah Stiegler to unpack the topic of workplace retaliation. Retaliation occurs when an employee faces negative consequences because...more

Troutman Pepper Locke

Whistleblower Lawsuit Against METRC Raises Significant Compliance and Accountability Concerns for the Legal Cannabis Industry

Troutman Pepper Locke on

METRC, Inc., the predominant provider of seed-to-sale tracking software used by state regulatory bodies overseeing legal cannabis markets across the U.S., faces serious allegations detailed in a recent lawsuit filed in...more

Proskauer - Whistleblower Defense

Former Executive Secures $34.5 Million Settlement in Whistleblower Retaliation Case

On March 20, 2025, in Zornoza v. Terraform Global Inc. et al, No. 818-cv-02523 (D. Md. Apr. 4, 2025), a former executive of two SunEdison subsidiaries secured a $34.5 million settlement over his SOX whistleblower retaliation...more

Rumberger | Kirk

A Blow to Whistleblowers: No More Pain and Suffering Damages

Rumberger | Kirk on

On February 26, 2025, in the lawsuit Agency for Persons with Disabilities v. Toal, the First District Court of Appeal held that noneconomic damages are not a form of relief that can be recovered under Florida’s Public-sector...more

Polsinelli

Navigating Whistleblower Protections and Compliance with DEI Executive Orders

Polsinelli on

As Polsinelli has discussed, President Donald Trump issued Executive Order No. 14151 titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” and Executive Order No. 14173 titled “Ending Radical and...more

Epstein Becker & Green

#WorkforceWednesday®: Federal Contractors Alert - DEI Restrictions Reinstated by Appeals Court - Employment Law This Week®

Epstein Becker & Green on

This week, we’re focused on federal contractors and the effects that the reinstatement of Executive Orders 14151 and 14173 will have on employers: President Trump’s executive orders against diversity, equity, and inclusion...more

Epstein Becker & Green

Whistleblower Challenges and Employer Responses: One-on-One with Alex Barnard

Epstein Becker & Green on

Addressing whistleblower claims is one of the most sensitive and complex issues employers face. It becomes especially challenging when the claims involve compliance officers, risk officers, or even lawyers tasked with...more

Troutman Pepper Locke

New Jersey Division on Civil Rights Issues Finding of Probable Cause Against Consumer Financial Services Company for...

Troutman Pepper Locke on

On March 11, New Jersey Attorney General (AG) Matthew Platkin and the New Jersey Division on Civil Rights (DCR) announced that DCR issued a finding of probable cause against Advance Funding Partners/Same Day Funding (Advance...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

NAVEX

Rising Temperatures in the Workplace: How to Address the Increase in Workplace Civility Concerns

NAVEX on

In today’s increasingly polarized world, the workplace is not immune to the tensions arising from divergent political, social and cultural views. This is particularly evident in discussions surrounding diversity, equity and...more

Morgan Lewis - Up & Atom

NRC Office of Investigations FY 2024 Annual Report Shows Whistleblower Allegations on the Rise

The NRC’s Office of Investigations (OI) recently published its Annual Report for Fiscal Year 2024, summarizing its activities from October 1, 2023 through September 30, 2024. According to the annual report, OI opened 82 new...more

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