News & Analysis as of

3 New Developments in Whistleblower Retaliation (Hint: Preventing Retaliation Takes More Than an Anonymous Whistleblower Hotline)

I find the ethics and compliance industry full of paradoxes. First, it has a reputation for being dry, dull… full of ‘heretofores’ and ‘thou-shall-nots’. But I think it’s anything but dull. Whistleblowers, bribery,...more

Another SEC Whistleblower Amicus Brief On Whether Dodd-Frank Covers Internal Complaints

On February 6, the SEC filed its third amicus brief defending its interpretive rule on Dodd-Frank’s anti-retaliation provision, 15 U.S.C. §78u-6(h)(1). The impetus is a ruling out of the Southern District of New York in...more

SEC: Whistleblower Protections Extend To Those Who Report Internally

A critical component of the SEC’s whistleblower program is the anti-retaliatory provisions of Exchange Act Section 21F, added to the statute by the Dodd-Frank Act. To implement that provision the Commission promulgated two...more

Third Circuit Finds that the Federal Railroad Safety Act's Anti-Retaliation Provision Does Not Cover Employees Treated for...

In a case of first impression with far-reaching implications for the railroad industry, the Third Circuit has held that the provision of the Federal Railroad Safety Act (FRSA) prohibiting discipline of employees for...more

As the Late, Great Joan Rivers Would Say, "Can We Talk" (About Our Salaries)? The Answer May Soon Be "Yes"

Employees of federal contractors, who previously have dwelled silently – and often unknowingly – in the gender and race pay chasm, may soon have a new tool to help them build a bridge across the gap....more

Anti-Discrimination and Anti-Retaliation Policies Save Employer from $3.5 Million Punitive Damages Award

On January 7, 2015, the U.S. District Court for the District of Puerto Rico issued an opinion overturning a jury’s $3.5 million punitive damages award for retaliation claims brought under Title VII and Puerto Rico law,...more

5 steps to encourage internal whistleblowing

Did you know that only 8 percent of employees report wrongdoing externally without first reporting it internally? Yet, when a frustrated whistleblower does turn to government regulators, the outcome can be harsh....more

New District of Columbia Law Greatly Expands Remedies for Wage Law Violations and Places New Notice Requirements on Employers

On September 19, 2014, Mayor Vincent C. Gray signed the “Wage Theft Prevention Amendment Act of 2014” (“Act”) (D.C. Act 20-426). The Act generally broadens the coverage of, and expands the notice requirements, means of...more

Yes, Foreigners Can be Whistleblowers

The SEC announced that its largest ever whistleblower award estimated to be worth more than $30 million will be paid to a resident of a foreign country. While the eligibility of foreign residents for a whistleblower award...more

Employment Law Summer Recap 2014: Part 2 of 11 – What do the Ice Bucket Challenge and FMLA-Related Lawsuits Have in Common?

$113.6 million and counting – that’s the total amount donated to the ALS Association since July 29 as a result of the Ice Bucket Challenge. Just to put that fundraising number into perspective, the Association raised around...more

Whistleblower Antiretaliation Provision Does Not Apply Outside the U.S.

The Court of Appeals for the Second Circuit ruled today that the Dodd-Frank Act's prohibition on retaliation against whistleblowers does not apply extraterritorially. In affirming the dismissal of the case on...more

Shuffleboard, Early Bird Specials, and . . . Whistleblowing?

When most employers hear the word “whistleblower,” they think of their current employees and various anti-retaliation laws; however, under the SEC’s “Whistleblower Program,” the “whistleblower” may be a current or former...more

New Law Signed Modifying California’s Anti-Retaliation Protections

In the December 2013/January 2014 issue of the Immigration eAuthority, we reported that California had enacted several new laws that provide California workers, who are seeking to change their personal information, engage in...more

SEC Makes First Finding of Retaliation in Violation of the Exchange Act’s Anti-Retaliation Rule

On June 16, 2014, the SEC entered an order (the “Order”) instituting cease and desist proceedings against an investment adviser, Paradigm Capital Management, Inc. (“Paradigm”), and Paradigm’s founder, Director, President,...more

SEC Launches First Whistleblower Retaliation Case Under Dodd-Frank

On June 16, 2014, the U.S. Securities and Exchange Commission (SEC) initiated and resolved its first case charging an employer with unlawfully retaliating against a securities whistleblower under the Dodd-Frank Wall Street...more

The SEC Whistleblower Program

On Oct. 1, 2013, the Securities and Exchange Commission (SEC) announced that it had awarded more than $14 million to an unidentified whistleblower who provided information leading to a successful enforcement action — by far...more

2013 Legislative Developments - Reference Guide

In this Reference Guide: - Wage/Hour Legislation - Prevailing Wage Legislation - Anti-Retaliation Legislation - Employee Leave Legislation - Discrimination/Harassment Legislation -...more

SDNY Says No Extraterritorial Application For Dodd-Frank Anti-Retaliation Provision

In Liu v. Siemens A.G., No. 13 Civ. 317 (WHP), slip op. (S.D.N.Y. Oct. 21, 2013), the U.S. District Court for the Southern District of New York held that the anti-retaliation protections found in Section 922 of the Dodd-Frank...more

NJ Supreme Court Clarifies Employee “Protected Activity”

The ruling provides guidance as to what employee conduct is protected under the antiretaliation provisions of two key state laws. On July 17, the Supreme Court of New Jersey issued a decision in Battaglia v. United...more

Don't Get Fried by Davis-Bacon

Web sites abound advising employees they can make “millions” by blowing the whistle on their employers for alleged violations of laws, rules, or regulations. The federal law known as the False Claims Act (FCA) also contains...more

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