Tony S. Martinez

Tony Martinez is an associate in the Labor & Employment Law Department and a member of the Employment Litigation & Arbitration and Employment Counseling & Training Groups.

Firm/Organization: Proskauer Rose LLP

Blogs: International Labor and Employment Law, Law and the Workplace, Proskauer Whistleblower Defense

Latest Articles

International Labor and Employment Law

Switzerland – New Gender Pay Gap Requirements

By Daniel Ornstein & Tony S. Martinez

November 8, 2019

Switzerland has joined the growing list of jurisdictions to introduce legislation to address the gender pay gap. Effective July 1, 2020, employers with 100 or more employees (including part-time and hourly employees) will be required to conduct an internal gender pay gap analysis every four years until June 30, 2032. Affected employers will be required to complete their first internal analysis by June 30, 2021. If the requirement to carry out the analysis is the…

Proskauer Whistleblower Defense

U.S. Senate Introduces Bill to Extend Dodd-Frank Whistleblower Protections

By Harris Mufson, Pinchos Goldberg & Tony S. Martinez

October 29, 2019

On September 25, 2019, a bipartisan group of U.S. Senators introduced the Whistleblower Programs Improvement Act (the “Act”), which would extend anti-retaliation protections under the Dodd-Frank Act to internal complaints. The Act mirrors a bill introduced in the House of Representatives earlier this year in direct response to the U.S. Supreme Court’s holding in Digital Realty Trust, Inc. v. Somers, 138 S. Ct. 767 (2018), in which the Court unanimously held that Dodd-Frank’s anti-retaliation…

Proskauer Whistleblower Defense

District of Rhode Island Dismisses In-House Attorney’s SOX Whistleblower Claim for Lack of Protected Activity

By Steven J. Pearlman, Pinchos Goldberg & Tony S. Martinez

October 3, 2019

On July 19, 2019, the U.S. District Court for the District of Rhode Island granted an employer’s motion to dismiss a SOX whistleblower claim, holding that the Plaintiff—an in-house attorney—failed to allege sufficient facts to show he had an objectively reasonable belief that fraud had occurred. Colesanti v. Dickinson, No. 18-491. Background Plaintiff was an in-house patent and trademark attorney, hired to advise the company regarding intellectual property rights. Between 2013 and 2016,…

Proskauer Whistleblower Defense

Eastern District of Pennsylvania Grants Summary Judgment on SOX Claim

By Lloyd B. Chinn, Tony S. Martinez & Pinchos Goldberg

August 6, 2019

On July 18, 2019, the U.S. District Court for the Eastern District of Pennsylvania granted a defendant-employer’s motion for summary judgment on a SOX whistleblower retaliation claim, holding that the Plaintiff did not have an objectively reasonable belief that the defendant violated any SEC regulation. Reilly v. Glaxosmithkline, LLC, No. 17-cv-2045. Background Plaintiff worked in the company’s Information Technology Department as a member of the team responsible for the AS/400 computer operating system, which…

Law and the Workplace

New Jersey Expands Medical Marijuana Protections

By Evandro Gigante, Arielle E. Kobetz & Tony S. Martinez

July 26, 2019

On July 2, 2019, New Jersey Governor Phil Murphy signed into law the Jake Honig Compassionate Use Medical Cannabis Act (the “Act”), which amends the New Jersey Compassionate Use Medical Marijuana Act (“CUMMA”) to provide greater clarity on the legal protections for both employers and employees. CUMMA, which was signed into law on January 18th, 2010, legalized the use of medical marijuana for New Jersey residents suffering from a debilitating medical condition. As originally drafted,…

Law and the Workplace

Connecticut Expands Sexual Harassment Training and Notice Requirements

By Harris Mufson, Arielle E. Kobetz & Tony S. Martinez

July 2, 2019

Connecticut Governor Ned Lamont recently signed into law the Time’s Up Act (the “Act”), which amends existing state law to impose greater sexual harassment training and notice requirements on employers. Training Requirements Currently, Connecticut law requires employers with 50 or more employees to provide two hours of sexual harassment training to all supervisory employees. While not required, the Commission on Human Rights and Opportunities (CHRO) encourages employers to provide an update of legal interpretations and…

International Labor and Employment Law

Major Reform to the Thailand Labor Protect Act

By Erika C. Collins, Daniel Ornstein & Tony S. Martinez

May 9, 2019

On December 13, 2018, the National Assembly of Thailand approved significant amendments to the country’s Labor Protection Act (“LPA”). The amendments took effect on May 6, 2019. Under the amendments, employees with 20 or more uninterrupted years of service will be entitled to receive 400 days’ pay as severance. This is an increase from the current maximum payment of 300 days’ pay for employees with 10 or more uninterrupted years of service. The amendments also…

Law and the Workplace

SCOTUS to Decide Whether Title VII Protects Sexual Orientation and Gender Identity

By Evandro Gigante, Arielle E. Kobetz & Tony S. Martinez

April 29, 2019

On April 22, 2019, the Supreme Court granted certiorari in three cases that raise the question of whether Title VII prohibits discrimination on the basis of sexual orientation or gender identity. In two of the cases, Altitude Express v. Zarda and Bostock v. Clayton County, Georgia, the Court will consider whether Title VII’s prohibition on sex discrimination protects individuals from discrimination on the basis of sexual orientation. In R.G. & G.R. Harris Funeral Homes v.…

International Labor and Employment Law

U.S. Court Holds No Foreign Law Exception to the ADEA and Title VII in GM Bias Case

By Erika C. Collins, Daniel Ornstein & Tony S. Martinez

April 3, 2019

On January 30, 2018, Shawn Wang (“Plaintiff”), filed suit against GM (China) Investment Co., Ltd. (“GMCIC”) and General Motors (GM) alleging, among other things, age discrimination in violation of the Age Discrimination and Employment Act (“ADEA”) and race and national origin discrimination under Title VII. Plaintiff, a naturalized U.S. citizen, was a GMCIC employee in Shanghai, China until he was terminated. GM filed a motion to dismiss arguing that it was required to terminate Plaintiff…

International Labor and Employment Law

2019 Brings Minimum Wage Increases Across the European Union

By Erika C. Collins, Daniel Ornstein & Tony S. Martinez

March 7, 2019

The New Year has brought an increase in minimum wages across the majority of European Union member countries. While most of these changes have been minimal, France and Spain, in particular, announced considerable increases to their respective minimum wages at the end of 2018. From the beginning of his tenure in May 2017, French President Emmanuel Macron has passed numerous reforms aimed at stimulating economic growth within the country. Many of these reforms have met…

Tony S. Martinez

Switzerland – New Gender Pay Gap Requirements

U.S. Senate Introduces Bill to Extend Dodd-Frank Whistleblower Protections

District of Rhode Island Dismisses In-House Attorney’s SOX Whistleblower Claim for Lack of Protected Activity

Eastern District of Pennsylvania Grants Summary Judgment on SOX Claim

New Jersey Expands Medical Marijuana Protections

Connecticut Expands Sexual Harassment Training and Notice Requirements

Major Reform to the Thailand Labor Protect Act

SCOTUS to Decide Whether Title VII Protects Sexual Orientation and Gender Identity

U.S. Court Holds No Foreign Law Exception to the ADEA and Title VII in GM Bias Case

2019 Brings Minimum Wage Increases Across the European Union

Stay Connected

Company

Support

New to the Network