Employers Can Owe Emotional Distress Damages in Wage Suits
Employees can be entitled to damages for emotional distress under the Fair Labor Standards Act (FLSA), a federal appeals court has ruled.
Tag: retaliation
What to Do When an Employee Quits Without Notice
Most employees in the United States are employed “at will,” which simply means that either the employee or the employer can end the employment relationship for any legal reason, or no reason at all, at any time. The law at the federal level has no requirement of giving a particular notice period when terminating a […]
Terminating Employees and Preventing FMLA Retaliation Claims
Employees may bring two types of Family and Medical Leave Act (FMLA)-related claims against their employers: first, interference with their rights under the FMLA, and, second, retaliation against them for requesting time off under the FMLA, exercising rights under it, or making a claim.
Circuit Court Upholds Termination of Employee for Violating Sick Leave Policy
by Brittany E. Medio, Saul Ewing LLP The U.S. 3rd Circuit Court of Appeals—which covers Delaware, New Jersey, and Pennsylvania—recently affirmed a lower court’s decision to dismiss an employee’s gender discrimination and retaliation claims against her former employer. The court found the employee was terminated not for engaging in protected activity but for violating the […]
Judge clears way for antiretaliation portion of new OSHA rule
The antiretaliation provisions of the Occupational Safety and Health Administration’s (OSHA) new electronic record-keeping rule are set to be implemented on December 1 after a Texas federal judge denied a request for a preliminary injunction on November 28. The eventual fate of the rule isn’t known since Judge Sam Lindsay of the U.S. District Court […]
Preventing Whistleblowers in the Workplace: OSHA Expands the Rights of Whistleblowers
by Kara M. Maciel, Esq. and Dan Deacon, Esq., Conn Maciel Carey In part one of this article, we focused on how the Equal Employment Opportunity Commission (EEOC) has become more aggressive in its whistleblower enforcement efforts. Together, the EEOC and the Occupational Safety and Health Administration (OSHA) have recently taken steps to make it […]
Preventing Whistleblowers in the Workplace: EEOC Expands the Rights of Whistleblowers
by Kara M. Maciel, Esq. and Dan Deacon, Esq., Conn Maciel Carey Now more than ever, employers are at an increased risk of facing a retaliation complaint as regulatory rule changes and expansive federal laws make asserting these claims much easier for employees to prevail.
How Not to Handle an Equal Pay Claim: Sue the Complaining Employee
A recent judgment offers a lesson in responding to discrimination claims. According to the U.S. Equal Employment Opportunity Commission (EEOC), an employer has been ordered to pay $37,500 in damages for filing suit against an employee because she filed an equal pay charge.
Wage Violations: Massachusetts Employer Facing Lawsuit Can’t Hide Under the Table
by Marylou Fabbo, JD of Skoler, Abbott & Presser, P.C. Most employers take their obligation to properly pay their employees seriously. After all, under state and federal wage laws, an employer could be required to pay up to triple damages for wage violations. If you need additional urging to take a look at your wage […]
Demotion 7 Months After Leave? Not Retaliation, Court Says
When a court evaluates whether an employer has retaliated against an employee for taking medical leave, it often considers “temporal proximity”—that is, how soon an adverse action followed leave or a leave request.