Topic
Retaliation
1,387 published works
Workforce Bulletin
Final Rule on ACA Issued by OSHA – Employment Law This Week
By Epstein Becker Green, Epstein Becker & Green, P.C.
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…
FCA Update
Seventh Circuit Rejects FCA Retaliation Claim
On October 11, 2016, a three-judge panel of the Seventh Circuit Court of Appeals issued a ruling in United States ex rel. Uhlig v. Fluor Corp., affirming summary judgment against…
Drug and Alcohol Testing Law Advisor
OSHA Publishes Guidance For Conducting Post-Accident Drug And Alcohol Testing Without Violating The Electronic Recordkeeping Rule’s Retaliation Provision
The Occupational Safety and Health Administration published a memorandum on October 19, 2016 that explains statements made about post-accident drug and alcohol testing in its commentary to the Electronic Recordkeeping…
Proskauer Whistleblower Defense
Seventh Circuit Issues Ruling Interpreting False Claim Act Whistleblower Amendments
By Connie Bertram, Daniel Davis
The Seventh Circuit recently issued a decision interpreting the anti-retaliation provisions of the False Claims Act (FCA). The decision provides important clarifications about how courts may interpret recent amendments to…
Ohio Appellate Insights
What Happened on Remand: Pandering Charges Dismissed, Guilty Plea to One Count of Retaliation, Sentence of Time Served. State v. Castagnola
Date Case was remanded from Supreme Court of Ohio: April 28, 2015 Final Resolution of this case: September 30, 2016 Case Background David Maistros, law director and prosecutor of Twinsburg…
Corporate and Securities Law
SEC Brings Second Whistleblower Retaliation Case
Disability, Leave & Health Management Blog
Federal Court Simultaneously Rejects and Upholds EEOC’s Positions on Wellness Programs – Rejects Employer’s ADA “Safe Harbor” Defense
By Jackson Lewis P.C., Francis P. Alvarez
In a much anticipated decision, a Wisconsin federal district court has granted Orion Energy Systems, Inc.’s summary judgment on the EEOC’s challenge to its wellness program design. See Sept 19,…
HR Law Talk
Workplace Retaliation: What Is It and How to Avoid It
By Bass, Berry & Sims, Kimberly Veirs
The Equal Employment Opportunity Commission (EEOC) recently issued updated guidance on workplace retaliation issues. This is the first update to the workplace retaliation policy since 1998 for what has become…
Inside the False Claims Act
Fourth Circuit Interprets Meaning of “Protected Activity” Under 2010 FCA Whistleblower Amendments
By Molly Ruberg
The U.S. Court of Appeals for the Fourth Circuit recently affirmed dismissal of an FCA complaint for failure to state a claim under the FCA’s anti-retaliation provision, 31 U.S.C. §…
FCA Update
Fifth Circuit Holds FCA Amendment Does Not Expand Retaliation Liability beyond Employers
The Fifth Circuit Court of Appeals recently affirmed a district court’s dismissal of a retaliation claim under the False Claims Act (FCA) as to several individual defendants. In Howell v.…