…prevail on a retaliation claim, a plaintiff must demonstrate that he engaged in a protected activity, i.e., he reasonably believed that the action he opposed — here, the mandatory training…
Search Results for: concerted activity
Employers: It’s time again to have an employment lawyer review your severance agreements.
…nondisparagement provision.” The $5,000 penalty for each violation also had a chilling effect on protected concerted activity. Folks, if it’s been a while since you’ve had someone review your severance…
Your non-competes and non-solicits may violate ANOTHER federal law: the National Labor Relations Act
…coerce employees to exercise rights to engage in union and other protected concerted activities. Facially, restrictive covenants don’t appear to impede these rights. However, suppose the Board’s General Counsel can…
A new “Epic” measure in Congress aims to end arbitration of employment claims
…agreements and practices that interfere with employees’ right to engage in concerted activity regarding work disputes. Without it, your arbitration agreements would remain enforceable and deny employees access to a…
Did this company retaliate or simply exercise its First Amendment right (to BLAST its employee on Facebook)?
…in criminal activity, to which the employer commented, “point made.” The employer liked other comments about the employee’s criminal activity. Once the DOL learned about this, it sued for retaliation…
Retaliation can come in all shapes and sizes
…Title VII of the Civil Rights of 1964. So, let’s clear this up. A retaliation claim has three elements: a protected activity, such as an internal complaint of discrimination; (2)…
DOL to Employers: Using artificial intelligence does not excuse compliance with the FLSA and FMLA
…worked. Although employers can leverage AI to measure and analyze worker productivity or activity metrics, the WHD recommends “proper human oversight” to accurately determine hours worked. The WHD warns that…
Court to Labor Board: Your “misguided attempt to find a labor-law violation” is “nonsense”
…about union activity create an impression of employee surveillance? The company argued it didn’t, especially in the face of longstanding written policies that: (1) the company could monitor any data…
Some complaints of sexual harassment aren’t protected at all
…events, and the complaint also arises to the level of what we call a “protected activity.” For an internal sexual harassment complaint to qualify as a protected activity, an employee…
Is complaining about a hostile work environment enough to support a retaliation claim? Maybe. Maybe not.
…of opposition activity, provided it is directed at “an unlawful employment practice” under Title VII. While courts give plaintiffs plenty of latitude here—Title VII covers both actually unlawful employment actions…