All Blog postsRetaliation under New York Labor Law can take many forms, but we rarely hear about it in the context of wage kickbacks. This is because the statute only provides a private right of action to plaintiffs in limited situations. A recent case made it all the way to the Court of Appeals – New York’s highest court – to determine whether an aggrieved employee could pursue his suit for kickback retaliation under the applicable Labor Law.
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No Private Right of Action for Financial Kickback Retaliation Under New York Labor Law Posted on: April 18, 2022 In: Labor & Employment
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Absent Investigation, Florida Private Sector Whistleblower Act “Retaliation” Claim Requires Actual Violation of Law, Rule, or Regulation Posted on: April 12, 2022 In: Labor & EmploymentThe Florida Private Sector Whistleblower Act prohibits retaliatory action by private employers as against employees who provide information to, testify, or otherwise participate in an investigation before an appropriate governmental agency as to an employer’s legal violation. However, a Florida federal court recently granted summary judgment in favor of an employer in such an action because the employee failed to prove an actual legal violation.
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I’ll See You in (Oregon) Court!: Oregon Court of Appeals Rules Employees Protected in Seeking Legal Advice About Employment Posted on: May 28, 2021 In: Labor & EmploymentRohrer v. Oswego Cove, LLC is the latest case to address whether a common law wrongful discharge claim is preempted by statute. The issue in the case was whether the action alleged by the plaintiff – seeking out legal advice about her employment – fell within the scope of any statute.
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Managing Peace in the Workplace Amidst Politically Charged Times Posted on: July 22, 2019 In: Labor & EmploymentIt is no secret that over the past few years, political tensions have been lingering in the U.S. Employers have asked if it is legal for them to express their political beliefs at their place of business, through posters, pamphlets, and conversation. My answer: depending on where you are located, it may be legal. My advice: if you want to avoid workplace conflict, save money, and avoid liability, then avoid displays of political propaganda in the workplace.
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