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Supreme Court Could Extend SOX Whistleblower Protections

The Supreme Court has agreed to hear arguments in a case that could extend Sarbanes-Oxley Act (SOX) whistleblower protections to employees of private companies that contract with public companies. Lawson v. FMR, LLC, 133 S....more

6/4/2013

Whistleblowers Protected Even If Employers Don't Violate Securities Laws, 3rd Circuit Says

An employer need not actually violate the Sarbanes-Oxley Act (SOX) for its employees to receive SOX whistleblower protections, the 3rd Circuit Court of Appeals has ruled. Wiest v. Lynch, +2013 U.S. App. LEXIS 5345 (3d Cir....more

4/23/2013 - Protected Activity Retaliation Sarbanes-Oxley Whistleblower Protection Policies Whistleblowers Wiest v Lynch

Employers: Time To Submit Comments On OSHA's Proposed ACA Whistleblower Procedures

The Occupational Safety and Health Administration (OSHA) has issued its interim final rule regarding procedures for handling retaliation complaints under the Affordable Care Act's (ACA) Section 1558. +29 USCS ยง 218c....more

4/2/2013 - Affordable Care Act Discrimination Healthcare OSHA Whistleblowers

Best Buy Follows Yahoo's Lead On Flexible Work Arrangements

Best Buy Co, Inc., the Minnesota-based consumer electronics retailer, announced on March 4 that it will discontinue its workplace flexibility program (known as the Results-Only Workplace Environment or ROWE) for corporate...more

3/8/2013 - Best Buy Telecommuting Yahoo!

Reminder: Employers Subject To New FMLA Poster Requirements On March 8

Deadlines loom for employers subject to the US Department of Labor's (DOL) new Family and Medical Leave Act (FMLA) regulations, issued on February 6. Among other regulatory changes, employers with 50 or more employees must...more

3/7/2013 - FMLA

BASF Settles Retaliation Claim Alleging Illegal Last Chance Agreements

BASF has agreed to pay $500,000 to settle claims that workers were forced to sign illegal last chance agreements (LCAs). The multinational chemical corporation settled a lawsuit brought by the Equal Employment Opportunity...more

2/12/2013 - ADA EEOC Employment Contract FMLA Last Chance Agreements NLRA Retaliation Title VII

Pennsylvania Unemployment Compensation Reform Affects Seasonal Workers

While Pennsylvania's unemployment compensation reform may save the state well over $250 million per year, the recent amendments are causing some dismay among seasonal workers. Under Act 60, Pennsylvania's unemployment...more

2/6/2013 - Seasonal Workers Unemployment Compensation System Unemployment Reform

Updates In Whistleblower News: New Committee, Enhanced Protections

Developments affecting federal contractors, Occupational Safety and Health Administration (OSHA) enforcement activities and public employees all confirm the continuing trend of expanding whistleblower protections....more

2/1/2013 - OSHA Public Employees Whistleblower Protection Policies

'Dyed' In The Wool Conservative? The 6th Circuit Weighs In On Political-Affiliation Retaliation Claims

In Dye v. Office of the Racing Comm'n, the 6th Circuit Court of Appeals has ruled that individuals alleging retaliation because of their political affiliation need not show that they were actually affiliated with the...more

1/17/2013 - First Amendment Free Speech Hiring & Firing Political Affiliation Retaliation State Employees Termination

Florida-Based Company Settles False Claims Act Lawsuit For $15.3 Million

The Department of Justice (DOJ) has announced that Jacksonville, Florida-based American Sleep Medicine LLC has settled allegations that it fraudulently billed Medicare, TRICARE (the health care program for uniformed...more

1/10/2013 - DOJ False Claims Act HHS Medicare Retirement TRICARE Whistleblowers

New Jersey Proposes Rules Relating To Workplace Gender Pay Inequity Notice Requirements

As previously reported by XpertHR, on September 21, 2012, New Jersey Governor Chris Christie signed into law a bill that requires employers with 50 or more employees to not only notify employees of their rights regarding...more

1/9/2013 - Gender Pay Equity Notice Requirements

IRS Issues Proposed Regulations On Whistleblower Bounty Program

The Internal Revenue Service (IRS) has proposed new regulations addressing the processing and awarding of bounties to whistleblowers who provide information relating to underpayments of tax or violations of the Internal...more

12/20/2012 - IRS Whistleblowers

EEOC Approves Enforcement Priorities Through 2016

Employers may need to align their compliance priorities with the Equal Employment Opportunity Commission's (EEOC) recently approved enforcement initiatives. As XpertHR has previously reported, the EEOC recently updated its...more

12/19/2012 - EEOC Strategic Enforcement Plan

$13.3 Billion And Counting: False Claims Act Recoveries On The Rise

Recent trends show federal, state and local governments' recoveries under False Claims Act laws are on the rise. In December 2012, the federal Department of Justice (DOJ) announced $4.9 billion in settlements for the fiscal...more

12/19/2012 - DOJ False Claims Act Whistleblowers

Trend Toward Greater Whistleblower Protections Continues

Federal employees now reap the benefits of greater whistleblower protections. On November 27, 2012, President Barack Obama signed a bill aimed at curbing the waste of government resources, as well as preventing retaliation...more

12/5/2012 - Barack Obama Federal Employees Retaliation Whistleblower Protection Enhancement Act Whistleblowers

Firefighters Exempted from Municipal Residency Requirement, Missouri Court Rules

Longer-tenured St. Louis firefighters may move out of town and remain on the job, the Missouri Supreme Court has ruled. The court rejected a challenge by the City of St. Louis and the State of Missouri to a 2010 law exempting...more

11/16/2012

New Guide Examines SEC and DOJ Enforcement of Foreign Corrupt Practices Act

The Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) have released a comprehensive Resource Guide to the US Foreign Corrupt Practices Act (FCPA). The 120-page guide includes practical examples of...more

11/15/2012

NLRB: Delayed Response to Union's Information Request a Violation of NLRA

When bargaining in good faith, employers have an ongoing obligation to provide information to a union in its role as representative for bargaining unit employees. Usually, employers must respond to a request by a union if the...more

11/13/2012 - IronTiger NLRA NLRB Union Request for Information Unions

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