Topic
Retaliation
1,387 published works
GT L&E Blog
Employers Guilty Until Proven Innocent? Third Circuit Lowers the Bar for Employees Claiming Retaliation for Certain Protected Whistleblower Activities
By Wendy Lario
In a decision that may have far-ranging impact for employers accused of retaliating against whistleblower-employees, the Third Circuit Court of Appeals recently held that an employee whose evidence was “entirely…
Wage & Hour Law Update
SDNY: 13 Months Between “Protected Activity” and Termination Does Not Support Retaliation Claim
Employers often are frustrated by an employee’s characterization in litigation of prior workplace complaints – many times dating back months or even years – as “protected activity” within the meaning…
Proskauer Whistleblower Defense
Eleventh Circuit: Liquidated Damages For FLSA Retaliation Discretionary, Not Mandatory
By K.M. Zouhary, Steven J. Pearlman
The Eleventh Circuit joined the Sixth and Eighth Circuits in holding that liquidated damages awards for FLSA retaliation claims are discretionary, not mandatory. Moore v. Appliance Direct, Inc., No. 11-cv-15227 (11th…
Train Law Blog
FRSA Alert! Landmark Federal Appeals Court Decision Clarifies Legal Standards
The law governing Federal Rail Safety Act retaliation complaints just got a whole lot clearer. In a precedent setting decision, a United States Circuit Court of Appeals has resoundingly confirmed…
Wage & Hour Litigation Blog
Eleventh Circuit Upholds District Court’s Discretion To Deny Liquidated Damages In FLSA Retaliation Claims
Authored by Jeffrey Glaser The Eleventh Circuit Court of Appeals issued a decision last week that could substantially reduce the amount of damages available for FLSA retaliation claims. In Moore,…
BeLabor the Point
Eleventh Circuit Holds Liquidated Damages Discretionary for FLSA Retaliation
On February 13, the Eleventh Circuit Court of Appeals, which has jurisdiction over Florida, ruled that liquidated damages for a retaliation claim under the Fair Labor Standards Act (“FLSA”) are…
Employment Law Business Guide
Retaliation Highest Filed Discrimination Charge at EEOC in 2012
The Equal Employment Opportunity Commission recently reported retaliation under all statutes as the most frequently filed discrimination charge in fiscal year 2012. Race and sex discrimination were the next most…
HR Defense
Liquidated Damages Are Not Mandatory For FLSA Retaliation Claims In Eleventh Circuit
Deciding an issue of first impression, in Moore v. Appliance Direct, Inc., the Eleventh Circuit has held that courts have the discretion to award liquidated damages in FLSA retaliation suits.…
EEOC Year-End Countdown
EEOC Kicks Off 2013 Settling Sex Harassment And Retaliation Lawsuits
By Christopher J. DeGroff, Gerald Maatman, Jr.
By Christopher DeGroff As we blogged about here previously, in the EEOC’s first draft of its Strategic Enforcement Plan, the Commission telegraphed that it was increasingly focused on preventing, and…
Employment & Labor
EEOC Kicks Off 2013 Settling Sex Harassment And Retaliation Lawsuits
By Gerald L. Maatman, Jr. and Christopher DeGroff As we blogged about here previously, in the EEOC’s first draft of its Strategic Enforcement Plan, the Commission telegraphed that it was…