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Retaliation

1,374 published works

  1. California Employment Law Update

    The Ninth Circuit Adopts Broad View of Whistleblower Retaliation Claim under the California Whistleblower Protection Act

    By Tony Oncidi, Michelle Lappen

    In the continuously evolving whistleblower retaliation standard we previously reported on earlier this year here and here, the Ninth Circuit has now weighed in on California Labor Code section 1102.5…

  2. Texas Employment Law Update

    How to Know the Defense of your Racial Discrimination Claim is Failing? The Jury asks for a Calculator

    By Russell Cawyer

    In a recent case out of a federal court in Houston, a former African American sales representative for FedEx received a jury verdict in the amount of $366M.  In that…

  3. Understanding the ADA

    §501 and §504 Causation are Not the Same and Honest Belief Rule Has its Limits

    By William Goren

    I was alerted to today’s case, Bledsoe v. Tennessee Valley Authority Board of Directors, a published decision from the Sixth Circuit decided on July 27, 2022, by Jon Hyman, the person behind…

  4. Religion Clause

    Prof Who Criticized Native American Grave Repatriation Laws Can Move Ahead with Retaliation Suit

    By Howard Friedman

    In Weiss v. Perez, (ND CA, Oct. 19, 2022), a California federal district court allowed a tenured professor of physical anthropology at San Jose State University to move ahead against…

  5. WSNYC Blog: The Latest in Employment Law

    Former Comcast Employee Sues for Gender Discrimination in PA Federal Court

    By Christopher Davis

    A former Comcast employee filed a gender discrimination lawsuit against her supervisor this month in the Pennsylvania federal court. The major telecom corporation is headquartered in Philadelphia. The female plaintiff…

  6. Proskauer Whistleblower Defense

    OSHA Orders Company to Reinstate Whistleblowers and Orders Payment of Over $800k for Purported SOX Violations

    By Steven J. Pearlman, Pinchos Goldberg, Alisha Bruce

    On October 7, 2022, OSHA announced that it had ordered ExxonMobil Corp. to immediately rehire two computational scientists who alleged that they were fired in retaliation for leaking to the…

  7. Wage & Hour - Developments & Highlights

    How Far Does FLSA Retaliation Protection Extend: According To the Third Circuit, A Long Way!

    By Fox Rothschild LLP

    Naturally, an employee who is to testify in a FLSA action cannot be retaliated against.  Does that protection extend to someone who makes it known that they want to join…

  8. Gender and the Law Prof Blog

    Tracing the Racial and Gendered Origins of Exemptions to Labor Standards

    By Tracy Thomas

    Daiquiri Steele, Enduring Exclusion, 120 Michigan L. Rev. (2022)Economic justice has long been a part of the civil rights agenda, and minimum labor standards statutes play a crucial role in…

  9. California Workplace Law Blog

    California Prohibits Retaliation Against Employees for Refusal to Report to Work During Emergency Conditions

    By Benjamin J. Schnayerson, Marina I. Garcia

    On September 29,2022, California’s Governor Gavin Newsom signed Senate Bill (SB) 1044, which prohibits an employer in the event of an emergency condition from taking or threatening adverse action against…

  10. Employment Class and Collective Action Update

    FLSA Retaliation Provisions Protect Anticipated Collective Action Members, Third Circuit Holds

    By David T. Wiley, Justin R. Barnes, Jeffrey W. Brecher

    Does a plaintiff’s allegation that he was about to join a pending Fair Labor Standards Act (FLSA) collective (class) action against his former employer, combined with the employer’s knowledge that…