Steve Kardell

Steve Kardell

Whistleblower Law for Managers

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OSHA Clarifies Standards for Whistleblower Investigations

The Occupational Safety and Health Administration (OSHA) has issued a new memo to clarify the investigative standards it has in place for its whistleblower investigations. There are more than 20 whistleblower protection laws...more

7/10/2015 - Anti-Retaliation Provisions Government Investigations OSHA Whistleblower Protection Policies Whistleblowers

President Obama Proposes Major Changes to Overtime

President Barack Obama recently proposed raising the threshold for overtime salary to $50,400 in an op-ed he penned for the Huffington Post. Currently, the threshold is less than half that amount — set at $23,660 per year....more

7/8/2015 - Barack Obama Exempt-Employees FLSA Proposed Regulation Unpaid Overtime Wage and Hour White-Collar Exemptions

US Marshals Whistleblowers Claim Officials Use Freedom of Information Act for Retaliation

Multiple whistleblowers have come forward from the U.S. Marshals Service, claiming that leadership within the agency uses requests under the Freedom of Information Act (FOIA) to retaliate against individuals because they...more

6/16/2015 - Employer Liability Issues FOIA Government Officials Public Employees Public Employers Retaliation US Marshalls Service Whistleblowers

Department of Justice Takes Active Role in Lawsuit Against Nursing Home Chain

For the past six years, the Ohio-based nursing home chain HCR ManorCare has been embroiled in a whistleblower lawsuit featuring allegations that the company systematically overbilled Medicare and often put its residents...more

6/9/2015 - DOJ False Claims Act Medicare Nursing Homes Over-Billing Whistleblowers

Rutgers Pays Nearly $2 Million to Settle Whistleblower Claims Against UMDNJ

Rutgers University recently merged with the University of Medicine and Dentistry of New Jersey, but as a result it also inherited a pair of ongoing whistleblower claims against that school. Those cases were recently settled...more

6/5/2015 - Fraud Kickbacks Medicare Rutgers Whistleblower Awards Whistleblowers

Whistleblower Claims San Antonio VA Still Guilty of Altering Wait Time Information

Over the past year, the U.S. Department of Veterans Affairs has been a fixture in national news for the controversies surrounding the extremely long wait times veterans have experienced for benefits and treatment, and the...more

6/2/2015 - Department of Veterans Affairs Healthcare Facilities Veterans Whistleblowers

New Jersey Transit Pays $700,000 in Whistleblower Suit Settlement

New Jersey Transit paid nearly $700,000 to settle a federal whistleblower complaint filed by one of its conductors. The conductor claimed he was the victim of retaliation from the agency after he saw a worker electrocuted and...more

5/29/2015 - Damages OSHA Public Transit Retaliation Whistleblowers Work Suspensions Workplace Injury

Senate Approves Whistleblower Bill for the Auto Industry

The U.S. Senate passed the first-ever piece of whistleblower legislation specific to automotive safety April 28. The proposed measure provides incentives to whistleblowers within the auto industry to come forward about known...more

5/26/2015 - Automotive Industry New Legislation Whistleblower Protection Policies

EPA Criticized for Persecution of 9/11 Dust Whistleblower

A judge from the U.S. Department of Labor rebuked the Environmental Protection Agency (EPA) for its concealment of evidence in a case from several years ago against a senior chemist who was wrongfully terminated. The chemist,...more

5/22/2015 - Employer Liability Issues EPA September 11th Attacks Whistleblowers

Proposed Legislation Could Punish Those Who Retaliate Against VA Whistleblowers

The U.S. Department of Veterans Affairs has been the subject of controversy for much of the past year after a variety of whistleblowers exposed a nationwide problem of extremely long wait times for veterans needing treatment...more

5/19/2015 - Department of Veterans Affairs Proposed Legislation Retaliation Whistleblower Protection Policies Whistleblowers

SEC Announces $600,000 Award to Whistleblower in First-Ever Retaliation Payout

Since the U.S. Securities and Exchange Commission’s whistleblower award program was launched more than three years ago, the agency has handed out payments of more than $50 million to 17 different whistleblowers. ...more

5/15/2015 - Retaliation SEC Whistleblower Awards Whistleblowers

New York Metropolitan Transportation Authority Fined for Whistleblower Harassment

New York’s Metropolitan Transportation Authority (MTA) has had plenty of public troubles lately, the most recent of which has resulted in a fine of more than $50,000 after the agency was found guilty of harassing a...more

5/8/2015 - Employer Liability Issues Harassment Transit Authority Whistleblowers

Whistleblower Files Lawsuit Against JC Penney

A former part-time employee of department store JC Penney filed a retaliation claim, saying they were fired after alerting authorities that the retailer was overcharging its customers. This is just the most recent bad news...more

5/5/2015 - Employer Liability Issues Former Employee JCPenney Retaliation Whistleblowers Wrongful Termination

Aramark Whistleblower Claims He was Fired After Revealing Company Violations

Jon Costa, a former employee of Aramark, claims that the company fired him after he publicized a number of major food violations that the company committed in its work at Arrowhead and Kaufman stadiums in November 2014. He...more

5/1/2015 - OSHA Retaliation Termination Whistleblowers

Infosys Whistleblower Reveals H-1B Workers Have Minimal Skills

A whistleblower that works for Indian tech corporation Infosys claims that H-1B workers that replace Americans in their positions have little to no business knowledge and very few relevant skills to their positions. The...more

4/28/2015 - Fraud H-1B Infosys Popular Visas Whistleblowers

Court Makes Important Decision in Privileged Document Case

In many circumstances, courts say that corporations might relinquish privilege protection through internal privileged communications even beyond employees who have a “need to know.” This policy is often criticized because it...more

4/21/2015 - Attorney-Client Privilege Confidential Information Hulu Internal Communications

SEC Launches Investigation into Employment Contracts that Prevent Whistleblowing

A February 25 article in the Wall Street Journal reports that the U.S. Securities and Exchange Commission (SEC) will begin investigating the kinds of agreements that certain companies make with their employees. The article...more

4/17/2015 - Confidentiality Agreements Enforcement Actions Non-Disclosure Agreement SEC

U.S. Department of Labor Hands Down Final Ruling on SOX Whistleblower Processes

On March 5, the U.S. Department of Labor gave its Final Rule in a case dealing with the types of procedures that govern the handling of retaliation complaints under the Sarbanes-Oxley Act (SOX). The Final Rule indicates that...more

4/14/2015 - DOL Final Rules OSHA Retaliation Sarbanes-Oxley Whistleblowers

Is Asking Employees to Do a Small Amount of Work During FMLA Leave a Form of Interference?

There’s an interesting story that’s been in the news recently regarding what the limitations are for employers when their employees go on FMLA leave. The Family and Medical Leave Act allows employees who meet certain...more

4/10/2015 - Employer Liability Issues FMLA Interference Claims

Southwest Airlines Reaches Settlement in Whistleblower Lawsuit

A Southwest Airlines employee claims that he was retaliated against for uncovering and reporting two cracks while investigating the fuselage of a Boeing 737-700 during his regular maintenance checks. Now, Southwest has agreed...more

4/7/2015 - Airlines Employer Liability Issues Non-Judicial Settlement Agreements Retaliation Southwest Airlines Whistleblowers

SEC Whistleblower Investigation Leads to Concern Over Protecting Confidential Information

A recent article from the Wall Street Journal indicates that the Securities & Exchange Commission (SEC) began a formal inquiry into whether corporations are setting up their confidentiality agreements in ways that prevent...more

3/30/2015 - Confidentiality Agreements SEC Strategic Enforcement Plan Whistleblowers

Maine to Pay Out $142,500 to Settle Whistleblower Suit

The state Department of Health and Human Services in Maine will pay $142,500 to a former employee as a part of a settlement for a federal whistleblower suit. That employee is Sharon Leahy-Lind, who was at one time a...more

3/27/2015 - CDC Public Employees Public Employers Settlement Whistleblowers

OSHA Requests $39 Million in Additional Funding for 2016

According to the 2016 Fiscal Year budget proposals in the Department of Labor, the Occupational Safety and Health Administration (OSHA) has requested an additional $39 million of funding for next year. The funding would help...more

3/24/2015 - Federal Budget Federal Funding OSHA

Fox Hollow Technologies Agrees to Settle False Claims Act Allegations

The United States Department of Justice recently announced that ev3 Inc., a company that recently acquired Fox Hollow Technologies, agreed to pay a $1.25 million penalty to settle accusations that Fox Hollow had committed...more

3/20/2015 - DOJ Enforcement Actions False Claims Act Health Care Providers Medical Devices Medicare Whistleblower Awards Whistleblowers

Dignity Health Pays $37 Million After Claims of Overbilling

Major whistleblower claims have been occurring in a wide variety of industries lately. One of the industries in which fraud is most prevalent is the health care industry, and this past fall an instance of fraud cost a...more

3/17/2015 - Fraud Healthcare Fraud Whistleblower Awards Whistleblowers

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