Topic
Retaliation
1,387 published works
ImmigrationProf Blog
Ninth Circuit: Employer’s Counsel May be Subject to FLSA Liability for Calling ICE on Plaintiff
Here is an update on an important Ninth Circuit decision from Ninth Circuit watcher Cappy White: Yesterday, the Ninth Circuit in Arias v. Raimundo, No 15-16120, in a case interpreting the…
Disability, Leave & Health Management Blog
“You Can’t Fire Me, I Just Came Back From FMLA Leave.”
Contrary to apparent popular belief, employees who have recently taken leave under the Family and Medical Leave Act (“FMLA”) can be terminated for legitimate reasons unrelated to their FMLA leave. …
Employment Law Business Guide
Holder’s Advice to Uber: Focus on Tone at the Top, Trust, Transformation and Accountability
[caption id="attachment_2522" align="alignright" width="320"] Photo: Uber.com/media[/caption] On June 13, 2017, Uber released to its employees excerpts of a damning independent investigation report authored by independent investigators Eric Holder and Tammy…
Proskauer Whistleblower Defense
Second Circuit Affirms the Dismissal of a SOX Claim for Failing to Meet the “Reasonable Belief” Standard
By Harris Mufson, Sunghee Sohn
On June 1, 2017, the Second Circuit affirmed the dismissal of a Sarbanes-Oxley Act (“SOX”) whistleblower retaliation claim brought by a former Metropolitan Life Insurance Co. (“Company”) employee because the…
Proskauer Whistleblower Defense
ACA Retaliation Claim Survives Despite No Complaint About ACA Provisions
By Lloyd B. Chinn, Harris Mufson, Susan McAleavey
On April 28, 2017, the United States Department of Labor Administrative Review Board (“ARB”) allowed a whistleblower retaliation claim under the Patient Protection and Affordable Care Act (“ACA”) to proceed…
Employer Labor Relations
New Jersey Appellate Division Declines to Find Section 301 Pre-Emption of Discrimination and Retaliation Claims
By: Christopher Lowe, Robert T. Szyba, Kaitlyn F. Whiteside Seyfarth Synopsis: The New Jersey Appellate Division reinstated plaintiff’s state law discrimination and retaliation claims, finding the claims were not pre-empted…
Employment Discrimination Report
“You’re Fired” is not a Good Response to a Report of Harassment
This is not a post about any of the activities of the Trump Administration even though the headline uses his catch phrase. We are taking a break from our multi-part…
The EPL Advisor
Eight Figure Jury Award in California Highlights Risks of Retaliation Claims
A jury in California awarded $22.4 million in punitive damages to a former sales manager of Cardiovascular Systems, Inc., a medical device company, based on a finding that his employer…
Workers’ Compensation Law Prof Blog
Workers’ Compensation and Undocumented Workers: Coverage versus Retaliation
Our own Judge David Torrey has done an excellent job on this blog bringing readers up to speed on the scope of workers’ compensation coverage of undocumented workers in the…
Employment & Labor
Sixth Circuit Adopts “Cat’s Paw” Theory for FMLA Retaliation Cases
On April 20, 2017, in Marshall v. The Rawlings Company LLC, No. 16-5614, slip op., (6th Cir. April 20, 2017) the Sixth Circuit Court of Appeals, which covers federal courts…