Michael Graham

Michael Graham

Proskauer Rose LLP

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OSHA Issues Substantial Award To SOX Whistleblower Claiming “Blacklisting”

According to a news release from OSHA, OSHA recently ordered DISH Network (the “Company”) to pay a former employee over $257,000 in back wages and compensatory damages, plus reasonable attorneys’ fees, and to expunge his...more

4/2/2014 - Blacklist OSHA Sarbanes-Oxley

New Louisville “Ban the Box” Ordinance Covers City Contractors, Continues Growing Trend

Mayor Greg Fischer recently signed an ordinance that generally prohibits the Louisville Metro Government (hereinafter, “City”) and its vendors from inquiring into an applicant’s criminal history on the initial job...more

3/31/2014 - Background Checks Ban the Box Criminal Background Checks

Joining Other States and Localities, Indianapolis “Bans the Box” for City Vendors and Further Restricts Criminal Background...

Mayor Gregory A. Ballard recently signed an ordinance that generally prohibits the Consolidated City of Indianapolis and Marion County (hereinafter, “City”) and its vendors from inquiring into an applicant’s criminal history...more

3/25/2014 - Ban the Box Criminal Background Checks

Treasury Adopts Final Rule Addressing Contractor Affirmative Action Under Section 342 of Dodd-Frank

Section 342 of the Dodd-Frank Act requires specified federal agencies and departments, including the Treasury Department, to ensure fair inclusion and utilization of minorities, women, and minority-owned and women-owned...more

3/24/2014 - Affirmative Action Dodd-Frank Federal Contractors OFCCP U.S. Treasury

OPM to Federalize Background Checks in Wake of Snowden Scandal/Navy Yard Shooting

On February 6, 2014, the Office of Personnel Management (OPM) announced that the agency will federalize the “quality review process” of its background investigations. OPM had previously engaged federal contractors to conduct...more

2/12/2014 - Background Checks Criminal Background Checks Edward Snowden

ARB: No SOX Whistleblower Liability Where Termination Of In-House Counsel Was Based On Insubordination

The ARB recently affirmed an ALJ’s decision that American Commercial Lines Inc. (the “Company”) did not violate the whistleblower protection provision in Section 806 of SOX where the Company demonstrated by clear and...more

1/16/2014 - Corporate Counsel Insubordination Policy Sarbanes-Oxley Termination Whistleblowers

What’s The State Of The CFTC Whistleblower Program?

The SEC’s whistleblower program has received tremendous attention, but let’s not forget about the Commodity Futures Trading Commission’s (CFTC) whistleblower program, which also was created by Dodd-Frank. A recent article...more

10/29/2013 - CFTC Compliance Dodd-Frank SEC Whistleblower Protection Policies Whistleblowers

OFCCP Issues Long-Awaited VEVRAA and Section 503 Final Rules

On August 27, 2013, the Office of Federal Contract Compliance Programs ("OFCCP") released long-awaited Final Rules that substantially impact federal contractor compliance obligations under the Vietnam Era Veterans'...more

9/3/2013 - ADA Affirmative Action Disability Discrimination Discrimination FCC OFCCP Rehabilitation Act Veterans Vietnam Era Veterans’ Readjustment Assistance Act

DoL (Yes, The DoL!) Pays Big Settlement In Whistleblower Case

Earlier this month, the U.S. Department of Labor (DoL) settled a whistleblower claim brought by Robert Whitmore, a former DoL recordkeeping official, for $820,000....more

7/2/2013 - Compliance DOL EEO Merits Systems Protection Board Public Disclosure Recordkeeping Requirements Settlement Whistleblowers Workplace Injury

OSHA Reinstates ERA Whistleblower And Issues Daunting Preliminary Order

On May 15, 2013, OSHA determined that Enercon Services Inc. (Company), an engineering firm that provides nuclear power facilities with engineering support services, violated the whistleblower provisions of the Energy...more

5/29/2013 - Energy Reorganization Act Engineering OSHA Protected Activity Safety Violations Whistleblowers

Recent Multi-Million Dollar Whistleblower Jury Awards — A Wake-Up Call For Employers

In what might be an unsettling trend for employers, juries in Philadelphia and Anchorage have recently issued multi-million dollar jury awards in favor of whistleblowers. Specifically, on March 22, 2013, a Philadelphia Common...more

4/16/2013 - Damages False Claims Act Jury Awards Protected Activity Whistleblower Protection Policies Whistleblowers

OSHA Penalizes Another Railroad Company In Whistleblower Action

On February 28, 2013, OSHA ordered Union Pacific Railroad (UP) to reinstate the employment of and pay over $309,000 ($150,000 in punitive damages, $87,600 in compensatory damages, $71,700 in back pay with interest, plus...more

3/25/2013 - Attorney's Fees Damages Federal Railroad Safety Act OSHA Punitive Damages Safety Precautions Whistleblowers Workplace Injury

Federal Sick Leave Law Reintroduced to Congress

On March 20, 2013, Senator Tom Harkin (D-Iowa) and Representative Rosa DeLauro (D-Conn.) reintroduced the Healthy Families Act (“the Act”) to the United States Senate (S. 631) and House of Representative (bill number not yet...more

3/22/2013 - Healthy Families Act Paid Leave Sick Leave

Senator Grassley’s Harsh Criticisms Of IRS Whistleblower Program Implementation

On January 28, 2013, in a letter to the Internal Revenue Service (IRS) and the U.S. Department of Treasury (Treasury), Senator Charles Grassley (R-IA), co-author of the 2006 updates to Section 7623 of the Internal Revenue...more

2/25/2013 - Charles Grassley IRS Whistleblowers

IRS Whistleblower Program: Payouts Rise in 2012

On February 13, 2013, the IRS issued its “Fiscal Year 2012 Report to the Congress on the Use of Section 7623,” as required by The Tax Relief and Health Care Act of 2006 (Act). The Act was established “to encourage people with...more

2/20/2013 - Fiscal Reports IRS Section 7623 Tax Relief & Welfare Act Whistleblowers

OFCCP Directive Adopts EEOC Guidance and Outlines New Procedures and Existing Legal Obligations Regarding Criminal Background...

On January 29, 2013, the Office of Federal Contract Compliance Programs ("OFCCP") adopted the Equal Employment Opportunity Commission's ("EEOC") April 25, 2012 Guidance regarding the use of criminal records in employment...more

2/12/2013 - Criminal Background Checks Discrimination EEOC FCRA Hiring & Firing OFCCP Title VII Training UGESP

OIG Report On SEC Whistleblower Program: Praise, Suggestions & Conclusion That Private Right Of Action Would Be Premature

On January 18, 2013, the Securities and Exchange Commission’s (SEC) Office of Inspector General (OIG) released its report titled Evaluation of the SEC’s Whistleblower Program. The report presented a largely positive review of...more

2/6/2013 - OIG Private Right of Action SEC Whistleblower Protection Policies Whistleblowers

Supreme Court Asked To Decide If Retaliation Claims Require New Administrative Charge

On January 8, 2013, the U.S. Supreme Court was petitioned to rule on whether employees must file a new or amended charge to pursue an employment retaliation claim arising from an initial Title VII discrimination charge....more

2/1/2013 - Discrimination EEOC Gender Discrimination Racial Discrimination Retaliation SCOTUS Split of Authority Termination Title VII

Political Affiliation & Protected Speech Retaliation – Sixth Circuit Widens Circuit Split

The Sixth Circuit recently held that Michigan state employees could base First Amendment political-affiliation and protected-speech retaliation claims on their perceived political affiliations, even absent actual affiliations...more

1/15/2013 - First Amendment Free Speech Hiring & Firing Political Expression Protected Activity Retaliation

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