Topic
Retaliation
1,387 published works
San Antonio Employment Law Blog
Judge Jones Accuses Plaintiff of Hardball Tactics
Judges matter. The life experiences they bring to the bench matter. So, when I see a concurrence like the one written by Judge Jones of the Fifth Circuit, I become…
Wage & Hour Litigation Blog
Fifth Circuit Approves Emotional Distress Damages and Invites FLSA Retaliation Plaintiffs to Sit on Freudian Couch
By Michael Fucci, Seyfarth Shaw LLP
Co-authored by Steve Shardonofsky and Tiffany Tran Resolving a split in the lower courts and deciding an issue of first impression for the Court, the Fifth Circuit earlier this week held that…
Law and the Workplace
Fifth Circuit Joins Sister Circuits in Holding That Employees May Recover Emotional Distress Damages in FLSA Retaliation Suits
By Minia Bremenstul, Nicole Eichberger
On December 19, 2016, the Fifth Circuit joined the Sixth and Seventh Circuits in holding that “employees” under the FLSA may recover emotional distress damages in FLSA retaliation actions, finding…
Texas Employment Law Update
Fifth Circuit Holds Nonemployee Lacks Claim but Employee Can Recover Emotional Distress Damages in FLSA Retaliation Suit
The Fifth Circuit recently held that a plaintiff-employee in an FLSA retaliation claim can recover damages for emotional distress but that the statute does not provide a retaliation cause of…
Disability, Leave & Health Management Blog
Does Calling Someone an “Injury Compensation Specialist” Prove FMLA Retaliation?
Perhaps not, according to the First Circuit Court of Appeals. Not all retaliation is the same, the court reminds us in its December 14, 2016 decision in Chase v. U.S. Postal Service.…
San Antonio Employment Law Blog
Coach Kearney Wins Appeal
Coach Bev Kearney was placed on suspension in 2012 when it was discovered she had a long-term relationship with a student. Even though she had won six national track titles at…
Employer Law Report
OSHA retaliation rules are going forward
On Monday, a federal judge in Texas refused to issue an injunction stopping OSHA from enforcing certain aspects of controversial “non-retaliation” rules. We reported on the proposed OSHA rules on…
Law and the Workplace
Federal Court Denies Motion For Preliminary Injunction Of Anti-Retaliation Provisions of OSHA Reporting Rule
Yesterday, a federal judge denied a preliminary injunction filed by several businesses and business groups regarding the anti-retaliation portion of OSHA’s final rule regarding injury and illness reporting. As previously…
Disability, Leave & Health Management Blog
EEOC Explains ADA Interference – Employers Take Note
By Kristin L. Bauer, Paul Patten
On August 25, 2016, the EEOC issued its Enforcement Guidance on Retaliation and Related Issues. In addition to outlining expanded definitions of “opposition” and “participation” activity with respect to retaliation…
Employment & Labor
Final Rule on ACA Issued by OSHA – Employment Law This Week
Featured on Employment Law This Week: The Occupational Safety and Health Administration (OSHA) has issued a final rule for handling retaliation under the Affordable Care Act (ACA). The ACA prohibits employers…