Archive for 'Retaliation'

The NLRB along with the Wage and Hour Division (WHD) of the U.S. Department of Labor, the Occupational Safety and Health Administration (OSHA), the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs (OFCCP), have released a Fact Sheet to the public entitled Retaliation Based on Exercise of Workplace Rights is […]

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The Equal Employment Opportunity Commission (“EEOC”), the federal watch dog charged with enforcing anti-discrimination statutes, released statistics regarding the number and subject matter of charges filed in fiscal year 2016. The total received was 91,503 charges which is an increase of approximately 2,000 charges from 2015. As in 2015, retaliation charges continue to be the […]

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President Obama reiterated existing federal law when he recently acted to prevent federal contractors from retaliating against workers who share their salary information.  He issued an Executive Order which states a federal contractor “will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant for […]

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Timing is Everything for Employee Discipline

Written by Robert G. Brody and Rebecca Goldberg on October 31, 2012

A Carl’s Jr. franchisee in Texas is learning the hard way that timing can be everything when disciplining or terminating employees.  Cathy Terry, a store manager, was fired only two days after she was robbed at gunpoint in the restaurant.  As the gunman held a gun to her neck and ordered her to take money […]

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On July 19, 2012, a federal district court held in Salz v. Casey’s Marketing Company, that a claim for violation of an employee’s lactation rights had to be brought through a complaint with the Department of Labor (“DOL”) as opposed to the courts, but a constructive discharge and retaliation claim was properly brought in court.  […]

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