» retaliation
Federal whistleblowers gain broad protection despite concerns about national security
February 9th, 2015
After considering the Federal government’s forceful national security argument, the Supreme Court – yet again – took an expansive approach to retaliation claims in a recent and high-profile case. In that matter, Dep’t of Homeland Security v.…
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Categories: Uncategorized
More retaliation plaintiffs have a right to a jury trial – of course, and it is about time!
September 12th, 2014
Over a decade ago, and based on Article 1 of the Minnesota Constitution, the Minnesota Supreme Court ruled that whistleblowers have a right to a jury trial on their retaliation claims under Minnesota whistleblower law. Abraham v. Cnty. of Hennepin, 6…
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Categories: Blog
Vital victories for employees, but corporate power persists
August 14th, 2014
In recent years, the National Labor Relations Board (“NLRB”) has rendered a number of courageous decisions that promote workplace fairness for both union and non-union employees. For example, the NLRB ruled that employers cannot retaliate against…
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Categories: Blog
The straw that broke the camel’s back
June 20th, 2014
After the decision by the Supreme Court, Univ. of Tex. Southwestern Med. Ctr. v. Nassar, 133 S.Ct. 2517 (2013), many employer lawyers have argued that employees will now have great difficulty prevailing as to retaliation claims. Defense lawyers base…
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Categories: Blog
Supreme Court continues trend of ruling for employees in retaliation cases
March 10th, 2014
The Supreme Court just decided a landmark case, Lawson v. FMR, concerning whether the law protecting employees of public companies also protects employees of private corporations. The law at issue is the Sarbanes-Oxley Act, which Congress enacted in…
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Categories: Blog
Pursuit of medical leave claims may become more difficult
February 23rd, 2014
When the Supreme Court decided Ashcroft v. Iqbal, 556 U.S. 662 (2009), lawyers representing employers and other defendants declared that Federal Rule of Civil Procedure 8 had essentially been nullified. According to these employment and civil rights…
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Categories: Blog
Employment litigation in 2014: mostly more of the same
January 15th, 2014
Much of the court caseloads in recent years has focused on class actions and collective actions prosecuted concerning wage-and-hour violations as opposed to discrimination, retaliation, harassment, or other civil rights claims. For over a decade, in…
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Categories: Blog
Walmart feeling the heat as winter approaches
November 27th, 2013
This is typically the season to be merry for big box retailers like Walmart, which reap enormous profits at the end of each year. The world’s largest retailer, however, now faces a number of problems related to how it treats its employees. Only day…
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Categories: Blog
The labor movement forward
September 10th, 2013
In the past year, workers and their allies in the larger communities have been coalescing around the cause for a living wage and workplace fairness generally. The organizing and related job actions by these employees across the nation have included u…
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Categories: Blog
Resurrection of whistleblower protection
May 30th, 2013
On May 24, 2013, Minnesota Governor Mark Dayton signed into law transformative amendments that provide more protection for whistleblowers. This is an exceptional development at a time when whistleblowers are increasingly under attack. In fact, Presid…
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Categories: Blog