News & Analysis as of

Department of Labor (DOL) Whistleblower Protection Policies

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2024

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more

DirectEmployers Association

OFCCP Week In Review: February 2024 #2

Thursday, February 8, 2024: U.S. Supreme Court Unanimously Ruled “Retaliatory Intent” Not Required to Prove SOX Whistleblower Claim - Recognizing that Congress meant the evidentiary burden-shifting framework of the...more

Epstein Becker & Green

#WorkforceWednesday: EEO-1 Submission Official Deadline, DOL and EEOC Partner, and Important Reminder from the SEC - Employment...

Epstein Becker & Green on

This week, we’re highlighting the Equal Employment Opportunity Commission’s (EEOC’s) EEO-1 component 1 submission deadline, the EEOC and Department of Labor’s (DOL’s) new agency partnership, and recent settlements from the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities Litigators - March 2023

Circuits Split Over Whether Targeting Is Necessary for Seller Liability - Key Points - - While courts have long held that solicitations must be tailored to a particular audience to precipitate statutory seller liability,...more

Proskauer Rose LLP

Top 10 Whistleblowing and Retaliation Events of 2022

Proskauer Rose LLP on

2022 saw highly impactful whistleblower and retaliation events primarily resulting from an active U.S. Securities and Exchange Commission, an aggressive approach taken by the Occupational Safety and Health Administration, and...more

Epstein Becker & Green

#WorkforceWednesday: CA Whistleblower Retaliation Cases, NYC Pay Transparency Law, Biden’s Labor Agenda - Employment Law This...

This week, we’re recapping major items shifting at the state, local, and federal levels, including whistleblower retaliation case law, pay transparency rules, and federal labor policies. California Supreme Court Specifies...more

Kramer Levin Naftalis & Frankel LLP

New Year, New Laws: What You Need to Know as We Enter 2022

Over the past two years, developments in employment law have focused on COVID-19. But there are developments in other areas of employment law, especially in New York, that employers must be aware of and plan for in the new...more

Epstein Becker & Green

#WorkforceWednesday: OSHA ETS Moves to the Sixth Circuit, Federal Agencies Join to Combat Workplace Retaliation, NY Increases...

Epstein Becker & Green on

This week, the Occupational Safety and Health Administration’s (OSHA’s) vaccine emergency temporary standard (ETS) is currently in the hands of the Sixth Circuit, while New York employers have several updates to look out for...more

Morgan Lewis - Up & Atom

OSHA Hosts Public Meeting for Whistleblower Protection

The US Department of Labor’s Occupational Safety and Health Administration (OSHA) held a public stakeholder meeting on May 19 to discuss its Whistleblower Protection Program and solicit feedback from interested individuals on...more

Vinson & Elkins LLP

OSHA’s Expanding Horizons: Whistleblower Protections For Money Laundering And Criminal Antitrust Violations

Vinson & Elkins LLP on

At this point, most employers probably know that the Occupational Safety and Health Administration (“OSHA”) is charged with investigating far more than workplace safety. Indeed, OSHA has a robust Whistleblower Protection...more

Littler

The Department of Labor Establishes New Whistleblower Protocols

Littler on

On February 19, 2021, the U.S. Department of Labor announced that the Occupational Safety and Health Administration (OSHA) will oversee worker retaliation complaints filed under the Criminal Antitrust Anti-Retaliation Act...more

Morgan Lewis - Up & Atom

OSHA to Investigate Whistleblower Complaints under Criminal Antitrust Anti-Retaliation Act and Anti-Money Laundering Act

The US Department of Labor (DOL) announced on February 19 that the Occupational Safety and Health Administration (OSHA) will begin investigating whistleblower complaints of retaliation under the Criminal Antitrust...more

Proskauer - Whistleblower Defense

ARB Affirms Dismissal of SOX Whistleblower Claim for Lack of Protected Activity

On December 17, 2020, the Administrative Review Board (“ARB”) of the U.S. Department of Labor affirmed the dismissal of a former employee’s whistleblower retaliation claim under Section 806 of SOX.  The ARB concluded that the...more

K&L Gates LLP

Employment Law Developments that will Impact the Health Care Industry in 2021

K&L Gates LLP on

The impact of COVID-19 on the health care industry can hardly be overstated. Numerous important employment law developments occurred in 2020 related to COVID-19 that impacted the industry, including guidance on mandatory...more

Morgan Lewis

Congress Adds Criminal Antitrust Anti-Retaliation Act to DOL-Administered Whistleblower Protection Programs

Morgan Lewis on

The US Congress passed S.2258, the Criminal Antitrust Anti-Retaliation Act of 2019, on December 8 and presented the bill to the president on December 11 – almost a year-and-a-half after Senator Chuck Grassley (R-IA)...more

Holland & Hart LLP

Colorado DOL Issues Proposed Rules Clarifying Several New Employee Rights

Holland & Hart LLP on

The Colorado Department of Labor and Employment has been busy. In the last week, the Department has published proposed rules regarding equal pay, minimum wage, overtime standards, whistleblowing, anti-retaliation, mandatory...more

Proskauer - Whistleblower Defense

ARB Rules That Complaints about Theoretical Violations are not Protected Whistleblowing Activity under Dodd-Frank

On June 18, 2020, the U.S. Department of Labor Administrative Review Board (“ARB”) held that a complaint about a theoretical violation of the Dodd-Frank Wall Street Reform and Consumer Financial Protection Act of 2010...more

Proskauer - Whistleblower Defense

COVID-19 Whistleblower Protection Bill Introduced Into Congress

On June 15, 2020, Senator Kamala Harris and Representatives Jackie Speier and Jamie Raskin introduced the COVID-19 Whistleblower Protection Act (the “Act”), which seeks to provide protections for employees who blow the...more

Morgan Lewis - Up & Atom

DOL Administrative Review Board Fails to Clarify Test for Whether a Contractor Is a ‘Covered Employee’

One threshold issue in whistleblower cases involving alleged retaliation is whether a complainant who is not a direct employee is nonetheless a “covered employee.” ...more

Maynard Nexsen

Whistleblower Protections and Retaliation Risks

Maynard Nexsen on

Whistleblower issues are in the news, mainly because a U.S. intelligence officer recently filed a complaint against President Trump under the Intelligence Community Whistleblower Protection Act (ICWPA). The complaint, which...more

Polsinelli

DOL Implements Procedures for New Tax Whistleblower Claim Under Taxpayer First Act

Polsinelli on

On September 11, 2019, the Department of Labor announced that whistleblower retaliation complaints under the Taxpayer First Act (TFA) will be handled by the Occupational Safety and Health Administration (OSHA). ...more

FordHarrison

Airline Industry Alert: DOL Announces Meeting to Solicit Public Input on Aviation Act Whistleblower Protection Provision – AIR21

FordHarrison on

On August 20, 2019, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) announced it will hold a meeting on October 8, 2019 in Washington, D.C., for the purpose of soliciting public comments...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Concludes Complaints Over Mandatory Arbitration Are Not Protected

The Sarbanes-Oxley Act (SOX) provides federal whistleblower protections against retaliation for employees of publicly held companies who complain about fraudulent activities. However, not all employee complaints are protected...more

Proskauer - Whistleblower Defense

U.S. Department of Labor Appoints Three New Members to the ARB

On January 8, 2019, the DOL announced Secretary Alexander Acosta’s appointment of three new members to the Administrative Review Board (ARB), filling vacancies that had been open for months, and marking the first appointments...more

Fisher Phillips

Web Exclusive: February 2018: The Top 15 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first two months...more

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