On October 28, 2021, Governor Hochul signed legislation which expanded the scope of whistleblower protection under New York Labor Law Section 740. The new amended law expands the scope of individuals protected, the definition of protected activity, and the types of employment related actions which can constitute retaliation, the remedies and the notice requirements for
2,000 COVID-19-Related Employment Lawsuits Filed in the U.S.: An Analysis of the Data and Trends
On April 6, 2021, the total number of COVID-19-related employment complaints filed in United States courts passed the 2,000 mark. Although it took eight months to reach the first 1,000 complaints (March–November 2020), it took less than five months to go from 1,000 to 2,000. Indeed, December 2020 through March 2021 included the four busiest…
Whistleblower Rights in Today’s Evolving Federal Statutory Landscape
All viable whistleblower cases arise from allegations of wrongdoing serious enough to run afoul of some statute or rule. Common issues in every whistleblowing case include:
- Who is subject to protection against retaliation as a whistleblower?
- What types of conduct or speech are entitled to protection as whistleblowing?
- What must a whistleblower do by way
OSHA Says Lawsuits Constitute Adverse Action Too
Not only is the Occupational Safety and Health Administration (OSHA) continuing to crack down on employers suspected of retaliating against employees who blow the whistle and will not hesitate to pursue litigation on behalf of employees, OSHA considers lawsuits against whistleblowers to constitute adverse action for purposes of finding unlawful retaliation.
In a case brought…
2018 New Year’s Resolutions For Lowering the Risk of Employment Litigation
When Jackson Lewis litigation attorneys looked back at cases, trials, and verdicts from the past year, we observed how companies can make themselves less of a target for claims. Below are some New Year’s resolutions that can help lower the risk of employment litigation:
- Train managers. Train employees. Keep a record of the training, including
Company Defeats $6 Million Whistleblower Claim at Trial
A California jury in Superior Court of the State of California, County of Los Angeles, has ruled against an avionics technician, who filed a $6 million whistleblower claim against SpaceX – Elon Musk’s rocket startup company. Blasdell v. Space Exploration Technologies Corp., et al., No. BC615112.
Plaintiff Jason Blasdell alleged that his employment with…