Topic
Retaliation
1,374 published works
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…
Texas Employment Law Update
How to Know the Defense of your Racial Discrimination Claim is Failing? The Jury asks for a Calculator
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…
Understanding the ADA
§501 and §504 Causation are Not the Same and Honest Belief Rule Has its Limits
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…
Religion Clause
Prof Who Criticized Native American Grave Repatriation Laws Can Move Ahead with Retaliation Suit
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…
WSNYC Blog: The Latest in Employment Law
Former Comcast Employee Sues for Gender Discrimination in PA Federal Court
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…
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…
Wage & Hour - Developments & Highlights
How Far Does FLSA Retaliation Protection Extend: According To the Third Circuit, A Long Way!
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…
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…
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…
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…