Don’t Fire Back: Help Avoid Workplace Retaliation Claims with Practical Guidance and Lex Machina®

According to Lex Machina®, retaliation lawsuits are on the rise. Learn how to evaluate, avoid, and defend against retaliation claims with guidance by Proskauer attorneys Patrick J. Lamparello and Noa Baddish. Retaliation Claim Elements: Key Considerations contains updated retaliation data and corresponding insight from Lex Machina®. 

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Related Content 

• Retaliation Claims: Evaluating Risks of Potential Claims
  Understand the risk that companies face when confronting retaliation claims.

• Retaliation Claim Avoidance
  Learn steps you should take to help employers reduce the risk of employee retaliation claims.

• Anti-retaliation Policy (with Acknowledgment)
  Notify employees of the employer’s key policies on prohibiting retaliation. 

Practical Guidance Updates
Featuring the latest updates in practice trends and practical guidance from your Practical Guidance account.

• Labor & Employment Key Legal Development Tracker – keep up to date with key legal developments!
  • Federal: The FTC issues its final rule prohibiting new non-compete agreements with all workers. The rule provides that existing non-compete agreements with senior executives remain in force, and existing non-competes with all other workers are not enforceable. See FTC Final Rule.
  • Federal: The EEOC publishes its final guidance on harassment in the workplace. The guidance presents a legal analysis of standards for harassment and employer liability applicable to claims of harassment under federal employment discrimination statutes enforced by the EEOC. See Enforcement Guidance on Harassment in the Workplace.
  • New York: New York expands its paid sick leave law to require employers to provide 20 hours of paid prenatal personal leave for pregnant employees to attend prenatal medical appointments. See NY S.B. 8305-C.
• New Practical Guidance Content                                                                           
  • Telecommuting Agreement (OH) – by Louis J. Licata, Gertsburg Licata
  • Paid Time Off (PTO) Policy (KY)
  • Pregnancy and Parental Leave Policy (with Acknowledgment) (KY)               
  • Settlement Agreement and Release of Claims for Single-Plaintiff Employment Dispute (KY)
• Recently Updated Practical Guidance Content                                             
  • Guns-at-Work State Law Survey
  • Americans with Disabilities Act: Guidance for Employers – now with updated Lex Machina® data
  • Answers, Motions to Dismiss, and Other Potential Responses to Wage and Hour Class and Collective Action Complaints – now with updated Lex Machina® data and visuals
  • Conditional Collective Action Certification and Decertification Motions under FLSA Section 216(b) – now with updated Lex Machina® data and visuals
  • Cybersecurity Measures to Protect Employers' Confidential Information and Trade Secrets – now with updated Lex Machina® data and visuals
  • Disability Employment Discrimination Defense Checklist (ADA Claims) – now with updated Lex Machina® data and visuals
  • Anti-harassment Policy (with Acknowledgment) – now with updated Lex Machina® data and visuals
  • Defend Trade Secrets Act (DTSA) Notice of Immunity Provision – now with updated Lex Machina® data and visuals
• Labor & Employment Key Legal Developments Tracker Archive (2023)
• Labor & Employment Key Legal Development Tracker Archive (2022)
• Labor & Employment Key Legal Development Tracker Archive (2021)
• Labor & Employment Key Legal Development Tracker Archive (2020)
• Labor & Employment Key Legal Development Tracker Archive (2019)
• Explore the Practical Guidance Journal Spring 2024 Edition, featuring guidance on protecting attorney-client privilege and work product in a generative AI world, using AI to manage the attorney client relationship, an overview of privacy regulations in the United States, and a primer on the new Corporate Transparency Act requirements.
• Learn about the 2000+ leading attorney authors contributing to our 26 practice areas in the Practical Guidance Author Center. Interested in becoming a Practical Guidance author? Click here for details. Practical Guidance is committed to amplifying diverse voices of attorneys across all differences, including gender and race.  
• Legal Developments provide the latest updates and analyses of emerging topics impacting your practice area. Visit the Legal Developments page to see the latest topics, which also include breaking legal news and related Practical Guidance content.
• Listen Up! The Practical Guidance and Law360 Podcasts Resource Kit features interviews with industry-leading attorneys on cutting edge issues in the law. For L&E-specific podcasts, see:
  • The Metaverse and L&E Podcast (Tim Taylor)
  • Recent Supreme Court Rulings Impacting Labor & Employment Podcast (Tim Taylor)
  • The Court Closes with LGBTQ Rights and Biden Debt Plan Podcast (Law 360)
  • The Supreme Court Guts Affirmative Action Podcast (Law 360)
  • Want the Sabbath Off? High Court Makes It Easier Podcast (Law 360)
  • AI Regulations Hit New York City Podcast (Ryan Kurtz)
  • Runaway Juries in Employment Litigation Podcast (Anthony Oncidi)
  • Is L&E Arbitration the Answer? Podcast (Anthony Oncidi)
  • The Looming Battle over Non-compete Deals Podcast (Law360)
  • Are You Indie or Employee? (Changes afoot to Indie Contractor/Employee Status) Podcast (Rex Fennessey)
  • Getting to Know the California Privacy Rights Act (CPRA) Podcast (Zoe Argento)
  • Long COVID and the Workplace (ADA Issues and Recent Litigation) (Jonathan Mook)
  • Discrimination and Language In the Workplace (Richard Cohen)
  • Dobbs L&E Impacts: Employers React to the Dobbs Opinion Podcast
  • Recruiting and Retaining Employees in the Current Hiring Landscape
  • Covid and the Return to Work (Richard Glovsky)

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