Yet Another Amendment to the New York Labor Law
On August 26, 2009, Governor Paterson signed yet another bill amending sections of the New York Labor Law. This time, the amendments are designed to provide a greater deterrent effect to employers...
View ArticleOSHA Suits Remind New York Employers: Don’t Discipline Employees For Raising...
Two events in the past week should remind New York employers of their legal obligation under section 11(c) of the Occupational Safety and Health Act not to discipline or terminate employees for...
View ArticleHigh Court Decision Prohibits Employers From Retaliating Against Certain...
Miriam Regalado and her fiancée Eric Thompson worked for North American Stainless (NAS). Regalado filed a sex discrimination charge against NAS with the EEOC. Three weeks later, NAS fired Thompson....
View ArticleThe 10 Most Pressing Employment Law Issues in 2011 – and What To Do About Them
As challenging as 2010 was, 2011 promises to be even more challenging for employers trying to remain in compliance in an ever-changing legal and regulatory environment. While coming into full...
View ArticleSEC Promulgates Rules Clarifying Dodd-Frank Whistleblower Rewards and...
The Securities and Exchange Commission’s final rules (the “Rules”) clarifying Dodd-Frank whistleblower rewards and protections take effect on August 12, 2011. The Rules govern the payment of rewards to...
View ArticleU.S. Department of Labor Releases Three Fact Sheets Regarding Retaliation
Recently, the U.S. Department of Labor’s Wage and Hour Division released three new Fact Sheets on unlawful retaliation under the Fair Labor Standards Act ("FLSA"), the Family and Medical Leave Act...
View ArticleSupreme Court Declines to Review Court Decision Rejecting a Job Applicant’s...
On February 21, 2012, the U.S. Supreme Court declined to review a Fourth Circuit Court of Appeals decision rejecting a job applicant’s retaliation claim filed under the Fair Labor Standards Act...
View ArticleSecond Circuit Court of Appeals Rejects Employee’s First Amendment...
On September 10, 2012, the U.S. Court of Appeals for the Second Circuit reversed a 2010 District Court decision and rejected a claim by a terminated public school district employee that she was...
View ArticleThe Supreme Court Holds That Title VII Retaliation Claims Require Proof of...
The U.S. Supreme Court recently issued a 5-4 decision that sets the standard for how retaliation claims under Title VII of the Civil Rights Act ("Title VII") will be analyzed. In University of Texas...
View ArticleSupreme Court Widens Sarbanes-Oxley Whistleblower Net
On March 4, 2014, the U.S. Supreme Court significantly expanded the Sarbanes-Oxley anti-retaliation law to cover employees of private contractors who perform services for publicly-traded companies....
View ArticleNew York Amends Human Rights Law to Protect Unpaid Interns
On July 22, 2014, Governor Cuomo signed a bill that amends the New York Human Rights Law by adding a new Section 296-c entitled, “Unlawful discriminatory practices relating to interns.” The amendment...
View ArticleGovernor Cuomo Signs Bill Amending Public Employee Whistle Blower Protection...
On December 28, 2015, Governor Cuomo signed a bill repealing Civil Service Law § 75-b(2)(b). This has a significant effect on the anti-retaliation provisions of New York’s “whistle blower” protection...
View ArticleProposed Guidance Highlights the EEOC’s Continued Focus on Retaliation Claims
Employers face claims of retaliation at an increasingly alarming rate. Nearly 43% of all charges filed with the U.S. Equal Employment Opportunity Commission (EEOC) in FY 2014 included some allegation...
View ArticleEEOC Issues Final Enforcement Guidance on Retaliation and Related Issues
On August 25, 2016, the U.S. Equal Employment Opportunity Commission issued its final “Enforcement Guidance on Retaliation and Related Issues.” Along with the final guidance, the EEOC issued a Q&A...
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