Jesse Ferrantella

Jesse Ferrantella

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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The Employment Law Authority - March/April 2015 #2

In This Issue: - Supreme Court Revives Pregnant UPS Worker's Suit - Spouses of H-1B Visa Holders Applying for Residency Eligible for Work Permits - Turning Metrics Into Money: An Interview With Solange Charas,...more

4/23/2015 - Age Discrimination Discrimination H-1B Pregnancy Discrimination SCOTUS Spouses Title VII UPS Visas Whistleblowers Young v United Parcel Service

SEC Brings First Enforcement Action Targeting Language Contained in Confidentiality Agreements

As we reported in a previous post, “SEC Investigating Companies’ Employment Contracts That Restrict Whistleblowing,” the U.S. Securities and Exchange Commission (SEC) has been vocal about its concerns regarding the effects of...more

4/2/2015 - Confidentiality Agreements Corporate Counsel Kellogg Brown & Root SEC Strategic Enforcement Plan Whistleblower Protection Policies Whistleblowers

SEC Investigating Companies’ Employment Contracts That Restrict Whistleblowing

The U.S. Securities and Exchange Commission (SEC) may soon be investigating the agreements companies make with their employees. According to a February 25, 2015 Wall Street Journal report, the SEC has sent requests to several...more

3/16/2015 - Confidentiality Agreements Employment Contract Non-Disclosure Agreement SEC

2014—A Record-Setting Year for Whistleblowers

2014 was a record-breaking year for whistleblowers, including both the U.S. Department of Justice’s prosecution of cases under the False Claims Act (FCA) and the U.S. Securities and Exchange Commission’s prosecution of cases...more

2/23/2015 - Anti-Retaliation Provisions Compliance Dodd-Frank DOJ Enforcement FCA Federal Contractors Financial Institutions Healthcare Fraud Medicaid Medicare Qui Tam SEC Whistleblowers

California Court Finds Lack of Evidence Undermines False Claims Act and Retaliation Claims

The Southern District of California recently issued a favorable ruling for employers under both the False Claims Act and California’s retaliatory discharge provision codified at California Labor Code section 1102.5. The court...more

10/29/2014 - DHS Evidence False Claims Act Hiring & Firing Retaliation Termination U.S. Navy Whistleblowers

Tips for Taking Advantage of California’s Extended Unemployment Appeal Deadline

Busy human resources (HR) managers will be relieved to know that California has done something to make their job just a little easier. The State of California recently enacted legislation extending the time period to appeal...more

10/27/2014 - Appeals EDD Former Employee Hiring & Firing Human Resources Professionals Time Extensions Unemployment Benefits Unemployment Compensation System

NCAA’s Limits on Athletes’ Compensation for Use of Their Names or Likenesses Violates Antitrust Laws

The National Collegiate Athletic Association’s (NCAA) fundamental beliefs about the role of student-athletes and its economic model just received a partial rebuke from the courts. On August 8, 2014, a federal judge ruled that...more

9/23/2014 - Antitrust Provisions College Athletes Injunctions Licensing Rights NCAA Revenue Sharing

SEC Brings First Whistleblower Anti-Retaliation Enforcement Action

On June 16, 2014, the U.S. Securities and Exchange Commission (SEC) resolved its first whistleblower retaliation enforcement action. The SEC’s order against Paradigm Capital Management, Inc. is the first-ever enforcement...more

8/8/2014 - Chief Compliance Officers Dodd-Frank Employer Liability Issues Enforcement Actions Investment Advisers Act of 1940 Retaliation SEC Securities Exchange Act Whistleblowers

Employers Defending Against SOX Whistleblower Actions Should Prepare for a Long Ride

Employers defending against Sarbanes-Oxley Act (SOX) whistleblower retaliation claims should be prepared for a long and potentially onerous litigation process, even if the claims lack merit. A recent district court decision...more

5/16/2014 - Employer Liability Issues Retaliation Sarbanes-Oxley Whistleblower Protection Policies Whistleblowers

California Expands Protections for Employee Whistleblowers

Attention all employers with employees in California: On October 12, 2013, California Governor Jerry Brown signed into law Senate Bill (SB) 496, amending the whistleblower retaliation provisions set forth in section 1102.5 of...more

3/19/2014 - Anti-Retaliation Provisions Internal Investigations Retaliation Whistleblowers

On a “Clear and Convincing Day”: The Administrative Review Board Gives Employers Some Helpful Guidance

As we have discussed in earlier posts, the Administrative Review Board (ARB) has, over the last couple of years, issued a number of opinions signaling a decidedly employee-friendly interpretation of the whistleblower statutes...more

2/10/2014 - Administrative Review Board Clear and Convincing Evidence Compliance Dodd-Frank Evidence SEC Whistleblowers

OSHA Debuts Online Form For Whistleblowers To File Complaints

The process of filing whistleblower complaints just became a lot easier. On December 5, 2013, the U.S. Department of Labor’s Occupational Health and Safety Administration (OSHA) launched a new system that will allow workers...more

12/10/2013 - DOL OSHA Whistleblowers

Out-Of-State Injured Athletes Strike Out In California

On October 8, Governor Jerry Brown signed a bill into law that limits the ability of primarily out-of-state athletes to file workers’ compensation claims in California....more

10/25/2013 - Athletes Bodily Injury Employee Benefits Sports

Sluggers Sue Over Performance Enhancing Drug Usage Allegations

In addition to being a busy day on the diamond, October 4 was a busy day off the field for some of Major League Baseball’s biggest stars. On Friday, Albert Pujols and Alex Rodriguez filed lawsuits related to allegations that...more

10/11/2013 - Athletes Baseball Defamation Doping MLB Sports

California Supreme Court Grants Review in Brown

The impact of the California Court of Appeal’s recent opinion in Brown v. Superior Court, 216 Cal. App. 4th 1302 (Cal. Ct. App. 2013) is on hold, at least for now. Last week, the California Supreme Court indicated it would...more

9/25/2013 - Arbitration AT&T Mobility v Concepcion Federal Arbitration Act SCOTUS

California Legislature Deliberating Changes to Remedies in Mixed Motive Cases

This past February, the California Supreme Court addressed the viability of a mixed-motive defense to employment discrimination claims brought under the Fair Employment and Housing Act (FEHA) in the Harris v. City of Santa...more

9/5/2013 - Discrimination FEHA Mixed Motive Cases Remedies

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