The Tenth Circuit Court of Appeals recently reversed a decision by the U.S. District Court for the District of Utah granting summary judgment in favor of Kellogg USA in a case involving an alleged failure to accommodate...more
The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), 38 U.S.C. §§ 4301–4335, prohibits discrimination against members of the U.S. military and imposes various obligations on employers with respect...more
On September 28, 2016, the SEC announced that Anheuser-Busch agreed to pay $6 million to settle charges of Foreign Corrupt Practices Act and Dodd-Frank whistleblower violations. The SEC’s order stated that AB InBev violated...more
9/30/2016
/ Anheuser-Busch ,
Beer ,
Books & Records ,
Breweries ,
Bribery ,
Cease and Desist Orders ,
Civil Monetary Penalty ,
Compliance ,
Corporate Counsel ,
Corporate Misconduct ,
Disgorgement ,
Dodd-Frank ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Hiring & Firing ,
Internal Controls ,
Joint Venture ,
Popular ,
Prejudgment Interest ,
Retaliation ,
Securities and Exchange Commission (SEC) ,
Separation Agreement ,
Whistleblowers
The Department of Labor’s Administrative Review Board (“ARB”) recently upheld an order finding a semiconductor company had constructively discharged a manager who complained the company’s bonus plan violated state wage and...more
On February 2, 2016, the Third Circuit affirmed the dismissal of a long-running SOX whistleblower suit filed by Jeffrey Wiest, a former accounts payable manager for Tyco Electronics. The decision is the first in which the...more
On May 28, 2015, the Sixth Circuit in Rhinehimer v. U.S. Bancorp Investments, Inc. affirmed a $250,000 jury verdict in favor of a former financial advisor for U.S. Bancorp Investments (“USBII”) who alleged that he had been...more
6/12/2015
/ Adverse Employment Action ,
Employer Liability Issues ,
Financial Adviser ,
Hiring & Firing ,
Jury Verdicts ,
Popular ,
Protected Activity ,
Sarbanes-Oxley ,
US Bancorp ,
Whistleblower Awards ,
Whistleblowers
In Khazin v. TD Ameritrade, No. 14-1689, 2014 WL 6871393 (3rd Cir. Dec. 8, 2014), the Third Circuit affirmed a lower court’s decision compelling arbitration of a Dodd-Frank whistleblower retaliation claim. This is the first...more
12/12/2014
/ Arbitration ,
Arbitration Agreements ,
Dodd-Frank ,
Employment Contract ,
Hiring & Firing ,
Popular ,
Retaliation ,
Sarbanes-Oxley ,
TD Ameritrade ,
Whistleblowers ,
Wrongful Termination
On the heels of the Hobby Lobby decision in late June, the Supreme Court has signaled that women’s health issues in the workplace will continue to be a central issue by granting a petition for certiorari in Young v. United...more
7/16/2014
/ Americans with Disabilities Act (ADA) ,
Certiorari ,
Discrimination ,
Employer Liability Issues ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
SCOTUS ,
Young v United Parcel Service
Do mean-spirited watercooler talk, negative gossip, and backbiting have an effect on employee morale that companies would like prevent if they could? In many instances, probably yes. Why don’t employers create “no gossip”...more
On Tuesday, June 4th, the Tenth Circuit Court of Appeals issued its first decision interpreting the Sarbanes Oxley Act’s whistleblower protection provision, affirming a decision by the U.S. Department of Labor’s...more