News & Analysis as of

Occupational Safety and Health Administration › Department of Labor (DOL) › Sarbanes-Oxley

The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged... more +
The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged with assuring healthy, safe, working environments. OSHA sets and enforces safety standards and policies. Examples of OSHA's duties include setting limits on workers' exposure to hazardous substances, ensuring workers have access to safety information and protective equipment, and providing employers and workers proper training to prevent dangerous conditions. less -
Epstein Becker & Green

New Jersey Federal Judge Rules That Federal Courts Lack Subject-Matter Jurisdiction to Enforce a Department of Labor Preliminary...

Epstein Becker & Green on

On April 19, 2023, in Gulden v. Exxon Mobil Corp., a federal district judge in New Jersey concluded that federal courts lack subject matter jurisdiction to enforce preliminary orders to reinstate former employees under the...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

Proskauer - Whistleblower Defense

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

Proskauer - Whistleblower Defense on

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

Littler

DOL Flip-Flop: SOX's Anti-Retaliation Provisions Apply to Overseas Conduct After All

Littler on

In a late-August decision with potentially far-reaching implications for foreign and multinational employers, the United States Department of Labor Administrative Review Board (ARB) held that the Sarbanes-Oxley Act's (SOX)...more

FordHarrison

Fifth Circuit Rejects SOX Whistleblower Claims Not Raised in Administrative Complaint; Adopts Liberal "Reasonable Belief" Pleading...

FordHarrison on

On July 31, 2015, the Fifth Circuit issued a decision that may have both a positive and negative impact on employers defending whistleblower retaliation claims under the Sarbanes Oxley Act (SOX). In this decision, the court...more

Littler

OSHA Issues Revised Whistleblower Investigations Manual

Littler on

Continuing its emphasis on its Whistleblower Protection Program, the Occupational Safety and Health Administration (OSHA) released an updated Whistleblower Investigations Manual on May 21, 2015. OSHA enforces whistleblower...more

Littler

Seminal Decision Could Make it Harder for Publicly Traded Employers to Defeat Sarbanes-Oxley Whistleblower Claims

Littler on

Long awaited in Sarbanes-Oxley Act (SOX) whistleblower circles, on October 9, 2014 the U. S. Department of Labor's Administrative Review Board (ARB) issued a split 2-1 panel decision in Fordham v. Fannie Mae, ARB No. 12-061,...more

Proskauer - Whistleblowing & Retaliation

OSHA Releases Interim Dodd-Frank Whistleblower Regulations

Proskauer - Whistleblowing & Retaliation on

OSHA recently released the interim final text of regulations implementing the whistleblower protection provision (Section 1057) in Dodd-Frank. The interim final regulations establish the timing and processes for handling...more

Bradley Arant Boult Cummings LLP

U.S. Supreme Court Rules Employees of Private Companies May Bring Claims for Whistleblower Retaliation Under Sarbanes-Oxley

Bradley Arant Boult Cummings LLP on

Yesterday, in an opinion issued in Lawson v. FMR LLC, Case No. 12-3, the United States Supreme Court held that the Sarbanes-Oxley Act of 2002 provides whistleblower protections for employees of private contractors performing...more

Stinson - Corporate & Securities Law Blog

Whistleblowers Can Now File Complaints Online With OSHA

Stinson - Corporate & Securities Law Blog on

Whistleblowers covered by one of 22 statutes (including Sarbanes-Oxley and Dodd-Frank) administered by the U.S. Department of Labor’s Occupational Safety and Health Administration will now be able to file complaints online. ...more

Proskauer - Whistleblowing & Retaliation

Second Circuit “Clarifies” SOX Burden-Shifting Framework

Proskauer - Whistleblowing & Retaliation on

On March 5, 2013, the U.S. Court of Appeals for the Second Circuit “clarified” the burden-shifting framework for whistleblower claims brought under Section 806 of the Sarbanes-Oxley Act of 2002 (“SOX”), 18 U.S.C. § 1514A....more

Proskauer - Whistleblowing & Retaliation

District of Idaho: Federal District Courts Lack Jurisdiction to Enforce Preliminary Reinstatement Order

Proskauer - Whistleblowing & Retaliation on

The stakes increase and the landscape changes tremendously in a whistleblower case when the Secretary of Labor (Secretary) issues a preliminary reinstatement order....more

Sheppard Mullin Richter & Hampton LLP

S-O-X Protects Only Public Company Whistleblowers, Or Does It?

Sheppard Mullin Richter & Hampton LLP on

DOL’s View - Thomas Spinner was a CPA whose firm provided accounting and audit services to a public company. Spinner’s accounting firm was not publicly-traded. A month after being assigned to audit the pubic company,...more

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