Topic
Retaliation
1,387 published works
Proskauer Whistleblower Defense
Second Circuit Expands The Scope Of FLSA Protected Activity To Include Oral Complaints To Employer
By Daniel Davis
In a 2-1 decision issued on April 20, 2015, the Second Circuit expanded the scope of protected activity under the Fair Labor Standard Act’s (FLSA) anti-retaliation provision. The FLSA prohibits…
Law and the Workplace
Oral Complaint to Supervisor Can Support FLSA Retaliation Claim, Says Second Circuit
By Allan Bloom
On April 20, 2015, the Second Circuit overruled its existing precedent and held that oral complaints of FLSA violations, made internally to a supervisor, can form the basis for a…
Wage & Hour - Developments & Highlights
No Soup for You, Part II: An Attorney’s Claim of Retaliation for Being Banned by a Business He Filed a Lawsuit Against
In November we reported on Wigdor v SoulCycle, which had been filed in New York Supreme Court, New York County. In that action a well-known plaintiff’s attorney, Douglas Wigdor, alleged…
California Employment Law
Should Your Settlement Agreements Have a No-Rehire Clause?
For years, employers settling with former employees have included a clause saying that the employee would never reapply and was not eligible for rehire. The rationale is obvious. After litigating,…
Labor Days
A Victory for Kleiner Perkins Should Still be a Red Flag for All Employers – “It’s All About Your Culture”
By Barbara E. Hoey, Mark A. Konkel
As was discussed on Fox Business News’s Willis Report, Friday’s jury’s verdict in California rejecting Ellen Pao’s claims of gender discrimination and retaliation was undoubtedly a huge victory for the…
Proskauer Whistleblower Defense
Proskauer Joins Heads of SEC and OSHA Whistleblower Programs for 3/31/15 Webinar
Please join us for a webinar with heads of the SEC and OSHA whistleblower programs and a prominent plaintiff-side whistleblower attorney, titled: Whistleblower Reward and Retaliation Claims: Current Developments. Register…
California Employment Law
Conduct Under a Microscope at Kleiner-Perkins Trial
Unless you've seen it in person, it's hard to appreciate how the litigation process magnifies and distorts people's behavior. The ongoing trial of Ellen Pao's discrimination and retaliation claims against…
Labor Days
Publically Traded Companies Beware: An SEC Filing Can be Evidence of an Adverse Employment Action in a Claim of Retaliation
By Kelley Drye
A Title VII plaintiff can prove retaliation using either the direct or indirect method. Under the direct method a plaintiff must prove (1) that she engaged in a statutorily protected…
Wage & Hour - Developments & Highlights
An anonymous letter raises questions concerning FLSA retaliation
On Friday, February 20, 2015, a federal judge issued an unusual order in Fujiwara, et al. v. Sushi Yasuda, LTD, et al, 12-cv-8742(WHP) (S.D.N.Y. Feb. 20, 2015). After receiving an…
Law and the Workplace
Third Circuit Nixes EEOC Retaliation Suit
By Daniel Saperstein, Joseph O’Keefe, Matthew Engel
Last week, in Equal Employment Opportunity Commission (“EEOC”) v. Allstate Insurance Co., No. 2-01-cv-07402 (3d Cir. Feb. 13, 2015), the Third Circuit affirmed that the defendant did not violate federal…