Posts

Eighth Circuit: Intent Matters in Whistleblower Retaliation Claims under FRSA

/0 Comments/in /by

APPLIES TO

All Employers with AR, IA, MN, MI, NE, ND, and SD Employees

EFFECTIVE

January 30, 2020

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The Federal Railroad Safety Act (FSRA) prohibits rail carriers from retaliating against employees who engage in protected activities.  In Dakota, Minnesota and Eastern Railroad Corp. v. the Department of Labor, the Eighth Circuit stated that claimants must show intention to discriminate in a whistleblower retaliation case subject to AIR21 regulations.  Although this is not novel case, it is consistent with the view that claimants must show the protected activity was a contributing factor to an adverse employment action.

Read more

December Updates

/0 Comments/in /by

APPLIES TO

Varies

EFFECTIVE

Varies

QUESTIONS?

Contact HR On-Call

(888) 378-2456
This Short List addresses the following topics:
  1. 2020 Minimum Wage Increases for Federal Contractors
  2. Second Circuit: Sexual Harassment vs. Sex Discrimination
  3. Third Circuit: Blue Penciling Noncompete Agreements is Okay
  4. Sixth Circuit: Statute of Limitations Cannot be Shortened for Title VII Cases
  5. Ninth Circuit: Home Care Workers’ Overtime Rule Retroactive Effective Date Applied
  6. Tenth Circuit: FLSA Applies to Workers in Cannabis Industry
  7. California: Calculating Meal and Rest Premiums Clarified
  8. California: Mandatory Service Charges May be Gratuities
  9. Bernalillo County, NM: PTO Start Date Moved Up
  10. New York: Reproductive Health Decisions Protected
  11. New York City, NY: Guidance on National Origin/Immigrant Status-based Discrimination
  12. Oregon: Don’t Retaliate – Even After Termination
  13. Columbia, SC: Criminal and Salary History Inquiries Banned
  14. San Antonio, TX: Paid Sick Leave on Hold – Again

Read more

California: FEHA Amendments Expand Protections Related to “National Origin”

/0 Comments/in /by

APPLIES TO

All Employers with CA Employees

EFFECTIVE

July 1, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The Office of Administrative Law recently approved amendments to the Fair Employment and Housing Act (FEHA), which include, in part, changes to the state’s anti-harassment, discrimination, and retaliation requirements related to the national origin of employees and job applicants, regardless of documented status.  These amendments go into effect July 1, 2018.

Read more

OSHA Issues Final Rule on Handling ACA Retaliation and Whistleblower Complaints

/0 Comments/in /by

APPLIES TO

All Employers

EFFECTIVE

October 13, 2016

QUESTIONS?

Contact HR On-Call

(888) 378-2456

On October 13, 2016, the Occupational Safety and Health Administration (“OSHA”) released final regulations regarding whistleblower complaints under the Affordable Care Act (“ACA”).  The Final Rule (“Rule”) is intended to protect employees who report alleged violations of the ACA, or who receive a premium tax credit or cost-sharing reduction for enrollment in a qualified health plan.  Overall, the rule is very similar to the interim rule implemented in 2013.  However, there are some changes that address procedures and timeframes for employee complaints, OSHA investigations, administrative review procedures, and more.

Read more

March Updates

/0 Comments/in /by

APPLIES TO

Varies

EFFECTIVE

Varies

QUESTIONS?

Contact HR On-Call

(888) 378-2456
This HR Alert addresses the following topics:
  1. West Virginia Becomes a Right-to-Work State, Repeals Prevailing Wage
  2. Alabama Governor Signs Law Prohibiting Municipal Minimum Wage Ordinances
  3. New Hampshire Supreme Court Holds Individuals Can be Liable for Workplace Discrimination/Retaliation Cases

Read more