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Tag Archives: Retaliation

Have You Ever Disagreed With An Employee About How They Should Do Their Work?

Posted in Discrimination, FMLA and Other Leaves of Absence, Harassment, Labor Law, Retaliation and Wrongful Termination, Wage & Hour

Beware.  Routine criticisms of job performance when directed to employees engaged in a caring profession, may subject you to retaliation and whistleblower claims. So you hire an employee, call her a brick layer.  She is a horrible brick layer.  You get in constant arguments with her concerning the quality of her brick laying.  You say… Continue Reading

Emotional Distress Damages Allowed Under FLSA

Posted in Employee Privacy Rights, Employment Contracts and Agreements, Retaliation and Wrongful Termination

Count the Fifth Circuit among the latest to allow emotional distress damages to employees who successfully sue for retaliation under the Fair Labor Standards Act.  In a December 19, 2016 opinion, the Fifth Circuit held that the district court should have allowed the jury to receive an instruction on emotional distress damages when it was… Continue Reading

Neutral Solutions: We Help You Connect The Pieces

Posted in Employee Privacy Rights, Employment Contracts and Agreements, Labor Law, New Legislation and Regulations

The Neutral Solutions Team at Weintraub Tobin specializes in training supervisors on various workplace issues, including preventing harassment, discrimination, and retaliation; workplace health and safety; and managing leave laws.  For more information, please visit our Trainings page here.

The EEOC Is At It Again – New Enforcement Guidance On Retaliation Issued On August 29, 2016

Posted in Discrimination, Labor Law, New Legislation and Regulations

On August 29, 2016, the EEOC issued new Enforcement Guidance on Retaliation which replaces its 1998 Compliance Manual section on retaliation. The Guidance also addresses the separate “interference” provision under the Americans with Disabilities Act (ADA), which prohibits coercion, threats, or other acts that interfere with the exercise of ADA rights.  According to the EEOC,… Continue Reading

Mandatory AB 1825 Sexual Harassment Prevention Training

Posted in Harassment, Labor Law, New Legislation and Regulations

Summary of Program The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years. The Labor and Employment Group at Weintraub Tobin Chediak Coleman Grodin is offering a two hour in-person training session that will comply with all the requirements outlined in the… Continue Reading

Social Media Fail: Sometimes Even Employers Memorialize Bad Decisions on the Internet

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations

By:  Labor and Employment Group Don’t deny it: you scroll through your social media feeds past the mundane photos, click-bait, and “humble brags” in search of explosive drama. Eventually, you might land on a status update from one of the reliable “oversharers” on your friends list (we all have them). She was just terminated from her… Continue Reading

Governor Signs Assembly Bill No. 987 – Requesting a Reasonable Accommodation is Protected Activity under FEHA

Posted in Disability Discrimination, Discrimination, Labor Law, New Legislation and Regulations, Wage & Hour

This bill was in direct response to the decision in Rope v. Auto-Clor System of Washington, Inc. (2013) 220 Cal.App.4th 635 (2013), which found that an employee who merely makes a request for an accommodation does not engage in protected activity for purposes of a FEHA retaliation claim.  Under this bill, the Government Code is… Continue Reading

Mandatory AB 1825 Sexual Harassment Prevention Training

Posted in Discrimination, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination

Summary of Program The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years.  The Labor and Employment Group at Weintraub Tobin Chediak Coleman Grodin is offering a two hour in-person training session that will comply with all the requirements outlined in the… Continue Reading

Roughneck Hazing Lands Nabors Drilling in a Blowout of a Verdict

Posted in Harassment, Labor Law

In a recent decision, the Court of Appeals for the Second Appellate District upheld a $150,000 sexual harassment verdict and a $680,000 attorneys’ fee award against one of the Countries’ largest rigging and drilling company, Nabors.  Given the nature of the allegations and the size of the award against the drilling tycoon, expect to see… Continue Reading

So You Think Your Employees Aren’t Protected Whistleblowers Under The Sarbanes-Oxley Act Because You’re Not A Publicly-Traded Company? Think Again!

Posted in Labor Law, Retaliation and Wrongful Termination

Section 1514A of the Sarbanes-Oxley Act states that: “No [public] company . . . , or any officer, employee, contractor, subcontractor, or agent of such company, may discharge, demote, suspend, threaten, harass, or in any other manner discriminate against an employee in the terms and conditions of employment because of [whistleblowing or other protected activity].”… Continue Reading

Space Still Available for Upcoming Seminar: Avoiding Retaliation, Whistleblowing and Wrongful Termination Claims

Posted in Labor Law, Retaliation and Wrongful Termination

Summary of Program Exposure to retaliation claims in the workplace today is like exposure to second-hand smoke in the workplace in the 1960s – It’s everywhere but few people understand the danger. The Labor and Employment Group at Weintraub Tobin is pleased to offer this very important training session that will help business owners, human… Continue Reading

Upcoming Seminar: Avoiding Retaliation, Whistleblowing and Wrongful Termination Claims

Posted in Labor Law, Retaliation and Wrongful Termination

Summary of Program Exposure to retaliation claims in the workplace today is like exposure to second-hand smoke in the workplace in the 1960s – It’s everywhere but few people understand the danger.  The Labor and Employment Group at Weintraub Tobin is pleased to offer this very important training session that will help business owners, human resource professionals,… Continue Reading

Food and Beverage Companies Beware: New Risks Associated with Whistleblower Protections Under the Food Safety Modernization Act

Posted in Labor Law

The FSMA is the most extensive change to the U.S. food safety system in more than 70 years. Signed into law in 2011, the FSMA directs the U.S. Food and Drug Administration (FDA) to issue numerous regulations directed toward enhancing food safety and minimize the risk of foodborne illnesses. As with almost every law nowadays,… Continue Reading

Tangled is The Heart: U.S. Supreme Court Rejects “Mixed Motives” As A Basis For Retaliation Claims

Posted in Labor Law, Retaliation and Wrongful Termination

By:  Chuck Post In University of Texas Southwestern Medical Center v. Nassar, the Supreme Court held that employees must show that “but for” the employer’s desire to retaliate, the employee would not have suffered an adverse action (demotion, termination, etc.) against him/her. Lower courts had been split over whether the “but for” standard was the… Continue Reading

California Supreme Court: No Individual Liability for Retaliation under FEHA: Jones v. The Lodge at Torrey Pines Partnership

Posted in Retaliation and Wrongful Termination

The California Supreme Court in Jones v. The Lodge at Torrey Pines Partnership ruled that individuals may not be held personally liable for retaliation claims under the FEHA. If you read the FEHA, section 12940(h) makes it unlawful for any “employer, labor organization, employment agency, or person” to retaliate against an employee. Read literally, this… Continue Reading