Compliance Stuff

At a Glance Court of Appeal confirms employee is not prevailing party in whistleblower retaliation claim where employer would have made the “same decision” to terminate regardless of whistleblower status. California Supreme Court confirms that Labor Code whistleblower protections cover “employees” only. Earlier this month, the Court of Appeal and the California Supreme Court provided helpful guidance on whistleblower retaliation cases. The Court of Appeal addressed who is a prevailing party entitled to fee and cost recovery under Labor Code section 1102.5  et seq ., California’s whistleblower retaliation law. The California Supreme Court clarified who is an employee entitled to whistleblower protection under the statute. “Same-Decision” Defense Under Whistleblower Statute Section 1102.5, in part, prohibits retaliation by employers against an  employee : for disclosing information, or because the employer believes that the employee disclosed or may disclose information, to a go...

  Consider the following real-life scenarios: An airline’s AI-powered  chatbot  promises a customer that it could provide a steep discount for a bereavement flight – a promise that goes directly against company policy. A court later ruled that the airline had to honor the promise. A researcher  gathering background information  on a prominent professor discovers evidence that the professor had been accused of making sexually suggestive comments and attempting to inappropriately touch a student – but it turns out that ChatGPT invented both the story and the citations to it. HR uses AI to develop a  job description  for an entry-level role but didn’t read it closely enough before posting it. After no one applied, the HR reps discover that the opening required candidates to have five to seven years of experience. The Chicago Sun-Times and Philadelphia Inquirer (and others) publish a  syndicated summer reading list  to guide readers about th...

Within the past ten years or so, there has been an uptick in states adopting laws concerning paid sick leave. As a result, multi-state employers have become accustomed to having to closely monitor the adoption of laws in the states in which their employees work to ensure their policies and practices are in compliance with all applicable paid leave laws . That task became more cumbersome with the rise in remote work as a result of the COVID-19 pandemic, as well as the rise in local jurisdictions following suit and adopting their own paid leave laws. While the trend of states and local jurisdictions adopting paid leave laws has slowed, it has not stopped. For example, Alaska has adopted a sick leave law, with leave accrual under the new law beginning on July 1, 2025. Additionally, Nebraska recently adopted a law requiring paid sick leave as of October 1, 2025. Based on a review of recent legal changes concerning paid leave laws, however, there is another emerging trend: state and local j...

he Family and Medical Leave Act (FMLA) provides important protections for employees with serious health conditions, and notice to the employer is required in order to trigger those protections . But what constitutes adequate notice? A recent case from the U.S. Court of Appeals for the Third Circuit provides guidance on this tricky issue. Quick Hits Notice of the need for FMLA leave does not require specific language or explicit reference to the FMLA. Employers may want to ensure that managers and other administrative personnel who deal with leave and absences are trained to recognize when the FMLA might be in play and to record accurately the stated reasons for the leave. Employers cannot penalize employees for FMLA-protected absences. Background On the Case In  Walker v. Southeastern Pennsylvania Transportation Authority ,a former bus driver for Southeastern Pennsylvania Transit Authority (SEPTA), suffered from sickle cell anemia, which can flare up with severe pain. He had prev...