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Whistleblower Attorney Challenges SEC Final Rule Changing Its Whistleblower Program

USA - February 17 2021 On January 13, 2021, a New York whistleblower attorney filed a lawsuit in the U.S. District Court for the District of Columbia challenging a recent…

Lloyd B. Chinn, Pinchos (Pinny) Goldberg.

4th Circuit Holds Law Firm Partner Is Not an Employee Protected Under Title VII

USA - January 28 2021 On January 19, 2021, the U.S. Court of Appeals for the Fourth Circuit issued a noteworthy decision in Lemon v. Myers Bigel, P.A., No. 19-1380, 2021…

Evandro C Gigante, Rachel S Fischer.

EEOC Says that Non-U.S Citizen Employees Working Outside the U.S. Need Not Be Included in OWBPA Disclosures

USA - January 21 2021 On January 14, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) approved a formal opinion letter clarifying that non-U.S. citizen…

Evandro C Gigante.

NLRB: Employer’s Good-Faith Belief in Employee’s Misconduct Insufficient to Justify Terminating Employee Engaged in Protected Activity

USA - December 14 2020 As we have often discussed, there is a fine line between protected and unprotected activity. Profane outbursts, deliberate misconduct, or…

Joshua S Fox, Mark Theodore.

NLRB: Employer Tweet Unlawfully Restrained Protected Activity

USA - November 30 2020 On November 24, 2020, the Board held that a high-level executive’s tweet violated Section 8(a)(1) of the NLRA by interfering with or restraining…

Joshua S Fox, Mark Theodore.