The Second Circuit Court of Appeals, whose jurisdiction includes New York City, issued a ruling in September 2015 that takes a broad view of whistleblower protections under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank”). Berman v. Neo@Ogilvy LLC, et al, No. 14-4626, slip op. (2d…
Articles Posted in Retaliation
The Americans with Disabilities Act, Which Protects New Jersey Workers Against Employment Discrimination, Turns 25
The Equal Employment Opportunity Commission (EEOC) recently celebrated the 25th anniversary of the Americans with Disabilities Act (ADA) of 1990, 42 U.S.C. § 12101 et seq. The ADA helps ensure that people with disabilities have access to public buildings, public transportation, and private businesses considered “public accommodations.” It also protects…
New Jersey Judge Awards Attorney’s Fees and Costs to Plaintiff in Medical Leave Lawsuit
A federal judge in New Jersey recently awarded $274,000 in attorney’s fees and costs to the plaintiff in a lawsuit related to an employee’s request for medical leave. Boles v. Wal-Mart Stores, Inc., No. 2:12-cv-01762, opinion (D.N.J., Aug. 6, 2015). A jury found for the plaintiff in March 2015 on…
New Laws Require Employers in Some New Jersey Cities to Provide Paid Sick Leave to Employees
The United States generally lags behind many other nations when it comes to various employment benefits, particularly paid leave. Allowing employees to take time off when they are sick, without having to worry about losing pay, seems like a sensible policy, but sick leave is entirely voluntary for most employers…
SEC Awards Maximum Damages to Whistleblower Under Dodd-Frank Act
The U.S. Securities and Exchange Commission (SEC) recently awarded $600,000 to a former hedge fund trader who reported possible misconduct by his employer. In the Matter of Paradigm Capital Management, Inc. and Weir, File No. 3-15930, order (PDF file) (SEC, Apr. 28, 2015). The award is the maximum amount allowable…
Former Employee’s Lawsuit Claims Privacy Violations, Wrongful Termination Based on GPS Monitoring
An employer demanded that its employees allow around-the-clock monitoring of their whereabouts and then terminated an employee because of her refusal to comply, according to a lawsuit filed last month. Arias v. Intermex Wire Transfer, LLC, et al, No. _____, complaint (Cal. Super. Ct., Bakersfield Co., May 5, 2015). The…
Discrimination, Harassment Lawsuit Targets the Tech Industry
A former program manager for the internet company Facebook has filed a lawsuit against the company in state court in California, alleging sexual harassment and discrimination based on race and gender. Hong v. Facebook, Inc., et al, No. CIV-532943, complaint (Cal. Super. Ct., San Mateo Co., Mar. 16, 2015). The…
Federal Race Discrimination Lawsuit Accused Cosmetics Company CEO of a Wide Range of Derogatory Statements
A federal lawsuit filed by a former cosmetics company employee, which has since been settled and dismissed, raised claims of race, ethnicity, and national origin discrimination, retaliation, and other claims. Meyers v. Revlon, Inc., et al, No. 1:14-cv-10213, complaint (S.D.N.Y., Dec. 30, 2014). The plaintiff accused the chief executive officer…
Court Rules for Whistleblower Who Made Internal Report of Alleged Financial Violations
A federal court ruled in favor of a woman who filed suit against her former employer under the whistleblower protection provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”), finding that she had pleaded sufficient facts to allow the case to go forward. Bussing v. COR Clearing,…
Whistleblower Who Exposed Alleged Visa Fraud Files Lawsuit Claiming Retaliation by Employer
The federal government settled a massive visa and immigration fraud claim against an Indian company in 2013, after a lengthy investigation. United States v. Infosys Limited, No. 4:13-cv-00634, settlement agreement (E.D. Tex., Oct. 30, 2013). The investigation began when a U.S.-based employee reported evidence of fraud involving H-1B guest worker…