» Retaliation

Supreme Court Expands Wage and Hour Retaliation Claims

The Supreme Court of the United States ruled in favor of an employee last week in Kasten V. Saint-Gobain Performance Plastics Corp, which involves a retaliation claim based on verbal complaints of wage and hour violations. The plaintiff, an employee… Read More
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Fourth Circuit Rules USERRA Retaliation Claim Can Go To Trial

In a recent unpublished opinion, Bunting v. Town of Ocean City, the Fourth Circuit partially overturned a grant of summary judgment and allowed the plaintiff to proceed to trial on his USERRA retaliation claim. USERRA is a federal statute that protec… Read More
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Supreme Court Endorses Associational Retaliation Claim

Late last month, in Thompson v. North American Stainless, the Supreme Court unanimously concluded that firing a worker’s fiancé in retaliation for a sex discrimination claim filed by the worker is itself unlawful retaliation under Title VII. The a… Read More
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EEOC Sees Increase in Discrimination Claims

In the past year, the Equal Employment Opportunity Commission (EEOC) has seen 7.2 % in discrimination claims being filed with agency. Coverage here. The EEOC handles charges under Title VII, the ADA, the ADEA, the Equal Pay Act, and GINA. EEOC Chair… Read More
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Recent Fourth Circuit Employment Decisions

The Fourth Circuit has published a couple of opinions on employment law cases in recent weeks. The first case, Bonds v. Leavitt, concerned a federal employee’s suit against the Department of Health and Human Services, which alleged Title VII cl… Read More
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Advances on Protecting Whistle-blowing and Social Networking of Employees

Two recent positive developments to report. First, breaking new ground, the National Labor Relations Board (NLRB) has charged a company with illegally firing an employee after she criticized her supervisor on her Facebook page. The NLRB’s press… Read More
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NC Court of Appeals Cases on REDA and Appellate Procedure

Two opinions of note were issued by the North Carolina Court of Appeals yesterday. The first, Beard v. Cumberland County Hospital System, concerns North Carolina’s Retaliatory Employment Discrimination Act (REDA). REDA prohibits discrimination… Read More
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NC Court of Appeals Supports Wrongful Discharge Claim

In Combs v. City Electric Supply Company, the Court of Appeals reversed the trial court in large part, concluding that the plaintiff had presented sufficient evidence to support a claim of wrongful discharge in violation of public policy and tortious… Read More
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Recent Fourth Circuit Labor and Employment Decisions

The Fourth Circuit has published opinions in three labor and employment cases in recent weeks. The first case, Sepulveda v. Allen Family Foods, Inc., concerned a Fair Labor Standards Act (FLSA) collective action that was brought on behalf of a class… Read More
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Report Finds Both Workers and Doctors Pressured to Avoid Reporting Workplace Injuries

The new report by the Government Accountability Office (GAO) found that both workers and health care professionals are often pressured not to report workplace injurues. The GAO surveyed more than 1,000 occupational health practitioners and found (1)… Read More
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