Topic
Retaliation
1,381 published works
Connecticut Employment Law Blog
What Does it Take to Survive a Motion to Dismiss? Facts, Not Conclusions
Back in February, I noted that a motion to dismiss in federal court -- while still difficult to achieve -- still had a pulse. That's important for employers because it…
Employment Discrimination Report
Employers Must Stick to “Best Practices” in Light of New Statistics That The Most Frequent Discrimination Claims Filed With The EEOC Are Retaliation Claims
Statistics released recently by the EEOC show, as employment practitioners already intuitively knew, that retaliation claims have skyrocketed so that now they are the most frequently filed EEOC claim against…
California Employment Law Update
Section 1981 Claim Is Subject to Four-Year Statute of Limitations
By Tony Oncidi
Johnson v. Lucent Techs. Inc., 653 F.3d 1000 (2011) In 2008, Russell H. Johnson, III, an African-American, sued Lucent and the administrator of his disability insurance benefits for retaliation in…
California Employment Law Update
Employer Did Not Violate CFRA by Transferring Employee upon Her Return from 19-Week Stress Leave
By Tony Oncidi
Rogers v. County of Los Angeles, 198 Cal. App. 4th 480 (2011) After 19 weeks of medical leave, Katrina L. Rogers returned to her job as the personnel officer in…
Employment Law Worldview
No FLSA Retaliation For Applicants
By Meghan Hill
The U.S. Court of Appeals for the Fourth Circuit, in Richmond, Virginia, recently held that the anti-retaliation provision of the Fair Labor Standards Act [pdf] does not apply to an…
Hunton Employment & Labor Perspectives
No Retaliation Claim For Applicants Under The FLSA
The Fair Labor Standards Act, 29 U.S.C. 215(a)(3) ("FLSA") forbids an employer from retaliating against an employee for making prior FLSA complaints. Simple concept, one would think. But with most…
Connecticut Employment Law Blog
More Publicity for Sick Leave Bill’s “Sleeper” Provision
Power is still out to big parts of the state, but here in Hartford, power is on and life continues. And so must the blog... Back in June, when the…
Wage & Hour Law Update
Appellate Court Rejects Applicant’s Attempt To Extend FLSA’s Anti-Retaliation Protections To Prospective Employer
29 U.S.C. 215(a)(3) prohibits employer retaliation against an employee for complaints alleging FLSA violations (though the contours of what constitutes a protected complaint are still uncertain). An unanswered question has…
Train Law Blog
Norfolk Southern Railway’s Gold Medal Turns to Tin
As Yogi Berra would say, "It's starting to get late early out there" for the Norfolk Southern Railway. OSHA has blown the whistle on NS's campaign of retaliation against injured…
North Carolina Business Litigation Report
Fourth Circuit Authorizes Retaliation By Prospective Employers Against FLSA Claimants
in a significant employment law case, the Fourth Circuit ruled last Friday that an employer may decline employment to a prospective employees due to her having made FLSA charges against…