The Fair Labor Standards Act was one of the earliest American workplace laws to contain an explicit anti-retaliation provision. Modeled after the anti-retaliation provisions in other New Deal legislation, including the National Labor Relations Act enacted just three years prior, the FLSA’s original text in 1938 made it unlawful “for any person … to discharge
Eleventh Circuit Deepens Circuit Split Over Causation Standard for FMLA Retaliation Claims
On December 13, 2023, an Eleventh Circuit panel firmly established “but-for” causation as the Circuit’s causation standard for Family and Medical Leave Act (FMLA) retaliation claims. Courts across the nation have adopted different standards, with the Eleventh Circuit decision only further deepening the circuit split on the topic.
Background
In Lapham v. Walgreen Co.,
New York Bars Liquidated Damages for Non-Disclosure Breaches in Workplace Discrimination Settlements
New York Governor Kathy Hochul has recently signed into law a bill that impacts settlement agreements entered into by employers and employees that resolve claims of harassment, discrimination and retaliation. The recent amendment prohibits any settlement or other resolution of a claim involving sexual harassment or any other form of unlawful discrimination or harassment from
Sweeping Expansion of Protections Relating to Workplace Discrimination on the Horizon in New York State
A suite of bills aimed at further enhancing protections for both employees and independent contractors regarding discrimination, harassment and retaliation in the workplace are on the horizon in New York State. Several of these bills, if ultimately enacted, would potentially lead to a groundbreaking shift in how employers approach settlement of discrimination, harassment and retaliation