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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

SEC Alleges Employer’s Compliance Manual Violates Rule 21F-17

USA - August 11 2021 On June 23, 2021, the SEC announced that Guggenheim Securities, LLC (“Company”) agreed to settle charges that it violated Rule 21F-17 by including…

Pinchos (Pinny) Goldberg, Steven J. Pearlman

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…

Rachel S Fischer, Evandro C Gigante

EEOC updates covid-19 guidance with anti-retaliation section

USA - December 16 2021 On November 17, 2021, the EEOC updated its technical guidance on COVID-19 and anti-discrimination with a new anti-retaliation section. The new…

Pinchos (Pinny) Goldberg, Steven J. Pearlman

OSHA’s COVID-19 Emergency Temporary Standard Contains Anti-Retaliation Provision

USA - July 26 2021 On June 21, 2021, OSHA’s much-anticipated Emergency Temporary Standard (“ETS”) on COVID-19 protections went into effect. While Proskauer’s Law and…

Lloyd B. Chinn, Pinchos (Pinny) Goldberg