Topic
Retaliation
1,381 published works
Labor Law Prof Blog
4th Circuit Restricts Scope of FLSA Retaliation Protection
Jon Harkavy (Harkavy Patterson) sends us the Fourth Circuit decision (handed down yesterday) of Dellinger v. Science Applications Int'l Corp. The court held, 2 to 1, that the FLSA does not…
Employment & Labor
Split Bifurcation Ruling In EEOC Religious Discrimination And Retaliation Case
By Christopher DeGroff and Gerald L. Maatman, Jr. In the third of a trio of significant recent decisions arising out of EEOC v. JBS USA, LLC, No. 10-CV-02103 (D. Colo.…
The Faculty Lounge
Widener Issues Sanctions Against Lawrence Connell
I blogged some months back about accusations of racial harassment and sexual harassment against Widener Professor Lawrence Connell and his suit against the university. The law school held a formal…
Personal Injury Law Journal
Can my employer terminate me while I am out of work for a work-related injury?
In today's job market, this is an important question that I am often asked by my clients. The Workers' Compensation statute, N.J.S.A. 34:15-39.1, prohibits the termination of an employee in…
Fair Housing Defense
What is Retaliation in the Fair Housing Arena?
As an owner or management company employee of an apartment community, we have many responsibilities delegated to us pursuant to the Fair Housing Act (FHA). Among the things we cannot…
Alabama Employment Law Report
$401,090.60 Jury Verdict Against Lawrence County Commission for Retaliation
A federal court jury comprised of 8 women and 4 men recently awarded $401,090.60 to a former Lawrence County payroll clerk after a week long trial. Beronica Warren began working…
Texas Employment Law Update
El Paso Court of Appeals Recognizes Private Right of Action for Retaliation for Assisted Living Facility Employees
In an issue of first impression, the El Paso Court of Appeals has held that the Assisted Living Facility Licensing Act creates a private right of action for an employee who…
BeLabor the Point
Reminder: An Office Romance May Be the Root of Retaliation Claim
This year, the Supreme Court allowed an employee to sue his employer for retaliation based on his fiancée’s discrimination complaint. See Thompson v. North American Stainless, LP 131 S.Ct. 864…
Wage & Hour - Developments & Highlights
An Interesting Twist On Retaliation Lawsuits Under the FLSA
In FLSA cases in which retaliation is alleged, it is incumbent upon the employer to defend by showing that the disciplinary process had started prior to the protected activity, meaning…
Ohio Appellate Insights
Is it time to revisit the clarity/jeopardy analysis for wrongful discharge torts?
Let’s have some conversation about the Ohio Supreme Court decision in Sutton v. Tomco Machining, Inc., Slip Opinion No. 2011-Ohio-2723.http://www.sconet.state.oh.us/rod/docs/pdf/0/2011/2011-ohio-2723.pdf). The Court decided this case June 9. DeWayne Sutton was…