Emilie Adams

Emilie Adams

Proskauer Rose LLP

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EEOC Announces New EEO-1 Rule

Last week, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced that it had finalized its rule for new EEO-1 pay equity reporting requirements.  The final rule has not yet been published in the Federal...more

10/6/2016 - Data Collection EEO-1 EEOC Employment Discrimination Equal Pay Federal Contractors Gender-Based Pay Discrimination OFCCP Pay Discrimination Payroll Records Reporting Requirements W-2 Wage and Hour

District of Columbia Passes Minimum Wage Increase

Earlier this week, the D.C. Council unanimously approved a measure to increase the minimum wage from $10.50 to $15 per hour. Mayor Muriel Bowser has already pledged to sign the measure when it reaches her desk later this...more

6/9/2016 - City Councils Local Ordinance Minimum Wage New Legislation Tipped Employees Wage and Hour

SEC Intervenes In Former In-House Attorney’s Whistleblower Lawsuit

On March 28, 2016, the U.S. Securities and Exchange Commission (“SEC”) filed an amicus brief in a whistleblower lawsuit brought by a former in-house attorney against Vanguard Group (the “Company”).  The case is Danon v....more

4/4/2016 - Amicus Briefs Corporate Counsel Dodd-Frank Internal Reporting Protected Activity Retaliation SEC Termination Vanguard Whistleblowers Young Lawyers

OSHA Releases Final Dodd-Frank Whistleblower Regulations

OSHA recently released its final rule implementing the whistleblower provisions of the Consumer Financial Protection Act of 2010 (“CFPA”).  The following are the key features of the rule...more

3/23/2016 - Administrative Review Board Adverse Employment Action ALJ Complaint Procedures Corporate Counsel Dodd-Frank DOL OSHA Protected Activity Retaliation Whistleblower Protection Policies

ARB Rejects SOX Claim of Employee Who Threatened Co-Worker

On February 18, 2016, the ARB dismissed a former employee’s whistleblower retaliation claim under Section 806 of SOX, concluding that he failed to show that his protected activity contributed to the decision to terminate his...more

3/15/2016 - Administrative Review Board Causation Corporate Counsel Hiring & Firing Protected Activity Retaliation Sarbanes-Oxley Termination Whistleblowers

DOL Issues Proposed Rule on Paid Sick Leave for Government Contractors

As we previously reported, the U.S. Department of Labor (“DOL”) released a proposed rule on February 25, 2016 to implement Executive Order 13706, which requires federal contractors and subcontractors to give their workers...more

3/14/2016 - Comment Period DOL Executive Orders Federal Contractors FLSA Paid Leave Sick Leave Subcontractors Wage and Hour

Critic of High-Frequency Trading Receives SEC Whistleblower Bounty Award

According to a MarketWatch report, Eric Hunsader of Nanex LLC has identified himself as is the recipient of a more than $700,000 Dodd-Frank whistleblower bounty award.  According to Hunsader, the information he provided to...more

3/9/2016 - Dodd-Frank NYSE SEC Securities Violations Third-Party Whistleblower Awards Whistleblowers

OFCCP Sues B&H for Alleged Discrimination

Last week, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) filed an administrative lawsuit against B&H Foto & Electronics Corporation (“B&H”), a major New York-based electronics...more

3/3/2016 - Federal Contractors OFCCP Permanent Injunctions Race Discrimination Sex Discrimination Suspensions & Debarments

Seventh Circuit Allows Reverse Racism Claims To Proceed Against Contractor

Earlier this week, the Seventh Circuit allowed a Caucasian construction worker to take his reverse racism claims to trial because there were factual disputes about the reason for his termination. The plaintiff, Terry...more

2/5/2016 - Affirmative Action EEOC Federal Contractors Race Discrimination Reverse Discrimination Termination

S.D.N.Y Dismisses Former Employee’s SOX and Dodd-Frank Whistleblower Claims

The U.S. District Court for the Southern District of New York recently granted a motion for summary judgment dismissing a plaintiff’s SOX and Dodd-Frank whistleblower claims. The court ruled that the plaintiff failed to...more

1/14/2016 - Dodd-Frank Former Employee Retaliation Sarbanes-Oxley Termination Whistleblowers

Divided Sixth Circuit Dismisses Compliance Officer’s FCA Whistleblower Retaliation Claim

Last week, the U.S. Court of Appeals for the Sixth Circuit rejected a former compliance officer’s whistleblower retaliation claim because she did not establish that she had an objectively reasonable belief that she was...more

11/10/2015 - False Claims Act (FCA) Kickbacks Protected Activity Retaliation Whistleblowers

House Passes Veteran Preference Bill

Earlier this week, the House of Representatives unanimously approved a bill, titled the Boosting Rates of American Veteran Employment Act or “BRAVE Act.” The BRAVE Act authorizes the Department of Veterans Affairs (“VA”) to...more

5/22/2015 - Federal Contractors New Legislation Public Procurement Policies Veterans

Eleventh Circuit Limits Scope of FCA Whistleblower Suit

Late last month, a three-judge panel of the Eleventh Circuit Court of Appeals reinstated portions of a former executive’s False Claims Act (“FCA”) whistleblower action against Health Management Associates Inc. (“HMA”),...more

11/24/2014 - Appeals False Claims Act (FCA) Health Care Providers Healthcare Facilities Medicaid Medicare Patient Referrals Whistleblowers

The District Of Columbia Enacts New Employee Protections, Requires Reasonable Accommodation for Pregnant Employees

Following the example of several other states and municipalities, the Council of the District of Columbia recently enacted (and the Mayor of the District of Columbia recently signed) the Protecting Pregnant Workers Fairness...more

11/21/2014 - Employee Rights Local Ordinance Pregnancy Discrimination Reasonable Accommodation

Sixth Circuit Dismisses Whistleblower’s Claims Made By Job Applicant

This week, the U.S. Court of Appeals for the Sixth Circuit ruled that a job applicant lacks standing to bring whistle-blower claims under the Energy Reorganization Act and the False Claims Act (“FCA”) because those laws’...more

11/21/2014 - Appeals Dismissals False Claims Act (FCA) Federal Contractors Job Applicants Retaliation Whistleblower Protection Policies Whistleblowers

DOL Releases Final Rule Raising Minimum Wage For Employees Working On Covered Federal Contracts

On October 1, the Department of Labor (“DOL”) announced its final rule raising the minimum wage for employees working on covered federal government contracts from $7.25 an hour to $10.10 an hour. The final rule implements...more

10/8/2014 - DOL Employee Rights Federal Contractors Minimum Wage

New Jersey Federal Court Allows “Self-Help” Counterclaims Against Potential FCA Whistleblowers To Proceed

Last week, a New Jersey federal court allowed medical device maker Boston Scientific Neuromodulation Corp. (“Boston Scientific”) to proceed with counterclaims against two of its former employees for violating their contracts...more

9/12/2014 - Boston Scientific Corporate Counsel Counterclaims False Claims Act (FCA) Former Employee Kickbacks Manufacturers Medical Devices Physicians Trade Secrets Whistleblowers

OFCCP Issues Directive Addressing Gender Identity and Transgender Bias

Earlier this week the Office of Federal Contract Compliance Programs (OFCCP) issued a directive to “clarify that existing agency guidance on discrimination on the basis of sex... includes discrimination on the bases of gender...more

8/25/2014 - Discrimination DOL Executive Orders Federal Contractors Final Guidance Gender Identity OFCCP Transgender

OFCCP to Publicize New Affirmative Action Requirements

Speaking to employers during a June 6 affirmative action conference, the Office of Federal Contract Compliance Programs (“OFCCP”) Director Patricia Shiu announced the agency’s plan to launch a public service announcement...more

6/13/2014 - ADA Affirmative Action OFCCP PSA Rehabilitation Act

OFCCP Announces Rulemaking Priorities

Last month, the Office of Federal Contract Compliance Programs (OFCCP) released its 2014 Spring Regulatory Agenda, identifying four new rules on which the agency is currently working. The Agenda is consistent with...more

6/11/2014 - Construction Workers Contractors Employer Liability Issues Enforcement OFCCP Sex Discrimination

DOL Defends Posting Requirements Against Challenge From Contractors

This week the Department of Labor (DOL) defended its rule requiring federal contractors to post notices informing employees of their right to unionize. The National Association of Manufacturers (NAM) and the Virginia...more

6/6/2014

Second Circuit Dismisses $50 Million FCA Suit

Last week, the United States Court of Appeals for the Second Circuit affirmed the dismissal of a False Claims Act (“FCA”) whistleblower suit seeking $50 million in damages from Huron Consulting Group Inc. (“Huron”) for...more

5/28/2014 - Appeals False Billing Financial Conduct Authority (FCA) Healthcare Inpatient Billing Medicaid Medicare Qui Tam Whistleblowers

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