On May 5, 2023, the U.S. District Court for the Northern District of Illinois granted a defendant-employer’s motion for summary judgment on whistleblower retaliation claims, holding that the company demonstrated that it would have terminated Plaintiff’s employment even in the absence of any alleged protected activity due to his refusal
Ninth Circuit Takes Broad View of Protected Activity under the California Whistleblower Protection Act
On October 20, 2022, the Ninth Circuit reversed in part a grant of summary judgment in favor of an employer, finding that the district court misapplied the substantive law of California in holding that Plaintiff’s disclosures to his supervisor and to a third-party contractor did not constitute protected activity under
Florida District Court Limits Scope of Protected Activity under the FCA
On March 29, 2022, the U.S. District Court for the Southern District of Florida held that in order to engage in protected conduct under the False Claims Act (“FCA”), a plaintiff must specifically suspect that their employer has made a false claim for payment to the federal government; vague suspicions
New York Department of Labor Issues Required Posting for Expanded Whistleblower Protection Law
The New York State Department of Labor (NYSDOL) has issued a form of required notice regarding the dramatically expanded whistleblower protections under New York Labor Law § 740 that took effect last month.
As we previously reported, the expanded law – which took effect on January 26, 2022 –
CA Supreme Court: Contributing-Factor Standard Applies to Whistleblower Retaliation Claims
On January 27, 2022, the California Supreme Court settled an inconsistency that has divided the courts of appeal with respect to the proper evidentiary standard for whistleblower retaliation claims under California Labor Code section 1102.6. It ruled that the “contributing-factor” standard applies. Lawson v. PPG Architectural Finishes, Inc., No.
New York’s Whistleblower Protection Law Is Dramatically Expanded
On October 28, 2021, New York Governor Kathy Hochul signed into law a bill dramatically expanding New York’s whistleblower statute, New York Labor Law § 740, which is scheduled to take effect on January 26, 2022. S4394A/A.5144A.
The Previous Whistleblower Law
New York Labor Law § 740, which was
Whistleblower Claims on the Horizon Amid COVID-19 Pandemic
In recent weeks, there have been numerous widely reported incidents of employees, particularly those in the health care industry, claiming that they have been retaliated against for reporting health and safety concerns related to COVID-19. Such complaints are indicative of the kinds of whistleblower and retaliation claims employers are likely
Ill. Federal Court Grants Summary Judgment on Whistleblower Retaliation Claims
On September 27, 2019, the U.S. District Court for the Northern District of Illinois granted a defendant-employer summary judgment on a whistleblower retaliation claim under the Illinois Whistleblower Act (“IWA”) and on a common law retaliatory discharge claim, holding that Plaintiff failed to establish that he suffered an adverse employment
Ill. Supreme Court Affirms Dismissal of Ill. Whistleblower Act and Retaliatory Discharge Claims
On May 23, 2019, the Illinois Supreme Court issued a ruling in Roberts v. Board of Trustees of Community College District No. 508, reaffirming the pleading standards for both common law retaliatory discharge and “refusal-to-participate” claims the Illinois Whistleblower Act (“IWA”) (740 ILCS § 174/1).
Background. In 2015, Plaintiff
Expansive Amendments to New York Whistleblower Protection Law Introduced
On April 29, 2019, Assemblyman Michael Benedetto introduced Assembly Bill A7384, which would amend and significantly expand New York’s whistleblower statute, N.Y.L.L. §§ 740, 741. The identical Senate version of this bill, Senate Bill S3683, was introduced by Senator Brad Hoylman on February 12, 2019. The proposed amendments