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Protected Activity Department of Labor (DOL)

DirectEmployers Association

OFCCP Week In Review: February 2024 #4

Tuesday, February 20, 2024: Telecommuting Decreased in 2022, But Still Far Above Pre-Pandemic Numbers, U.S. Census Bureau Reported - Among U.S. workers, 15.2 percent worked from home in 2022, down from almost 17.9 percent...more

DarrowEverett LLP

Q3 Employment Law Updates: Enforcement Actions Bring Much for Employers to Consider

DarrowEverett LLP on

The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more

Constangy, Brooks, Smith & Prophete, LLP

DOL issues guidance on PUMP for Nursing Mothers Act

I am pumped! Are you? Last week, the U.S. Department of Labor issued a Field Assistance Bulletin to its staff on how to enforce the PUMP for Nursing Mothers Act, which was signed into law at the end of 2022 and is currently...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

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights: Issue 2, September 2020

The Editors' Note - Welcome to this edition of SuperVision, the e-newsletter for Spilman Thomas & Battle's Labor & Employment Law Group. 2020 continues to bring unforeseen challenges, but employers are beginning to get back...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

Bradley Arant Boult Cummings LLP

My Safety Complaint Was Unsafe for My Continued Employment

OSHA Safety Retaliation – What Is It? Virtually every employee protection law, federal or state, has some sort of anti-retaliation provision. The federal Occupational Safety and Health Act is no exception. The Occupational...more

Proskauer - Whistleblower Defense

10th Circuit Reverses Grant of Summary Judgment on SOX Whistleblower Claim

On February 22, 2018, the Tenth Circuit Court of Appeals reversed a district court’s grant of summary judgment against a Plaintiff who claimed that his employment was terminated in violation of the SOX whistleblower...more

Constangy, Brooks, Smith & Prophete, LLP

Executive Labor Summary - May / June 2017

NEWS & ANALYSIS - Trump nominations on track to fill open seats on the NLRB - After a slow start, President Trump is taking the steps to fill more slots at various agencies, including the National Labor Relations Board. On...more

Cozen O'Connor

2016/2017 Labor & Employment Observer

Cozen O'Connor on

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

Holland & Knight LLP

OSHA Issues Final Rule On Complaints Under Affordable Care Act's Anti-Retaliation Provision

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The Affordable Care Act (ACA) added Section 18C to the Fair Labor Standards Act (FLSA) to prohibit retaliation against employees who engage in certain activities protected by the ACA. Responsibility for receiving and...more

Littler

Restoring Decades-Old Precedent, the DOL Blows the Whistle on Fordham's "Fundamental Error"

Littler on

On Friday, September 30, 2016, U.S. Department of Labor’s (DOL’s) Administrative Review Board (ARB) issued its highly anticipated decision in Palmer v. Illinois Central Railroad Company, ARB No. 16-035 (2016), correcting its...more

BakerHostetler

DOL Joins SEC in Attack on Severance Agreement Clauses

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Companies cannot prohibit their former employees from collecting whistleblower awards, says the DOL in a recently released memo. Moreover, even asking employees to disclaim any knowledge of any legal violations by the...more

Proskauer - Whistleblower Defense

Fourth Circuit Upholds Four-Year Front-Pay Award To Whistleblower

On May 20, 2016, the Fourth Circuit affirmed the decision of the ARB, finding that a former employee of Deltek, Inc. (Company) was retaliated against in violation of Section 806 of SOX and entitled to four years’ worth of...more

Proskauer - Whistleblowing & Retaliation

OSHA Releases Final Dodd-Frank Whistleblower Regulations

OSHA recently released its final rule implementing the whistleblower provisions of the Consumer Financial Protection Act of 2010 (“CFPA”).  The following are the key features of the rule...more

Proskauer - California Employment Law

California Employment Law Notes - March 2016

Nuclear Plant Maintenance Manager's Whistleblower Claim Was Properly Dismissed - Sanders v. Energy Northwest, 2016 WL 560809 (9th Cir. 2016) - David W. Sanders, a maintenance manager for Energy Northwest (a...more

Proskauer - Whistleblowing & Retaliation

ARB Rejects CFPA Whistleblower Claim On Protected Activity Grounds

On November 6, 2015, the DOL’s Administrative Review Board affirmed the dismissal of Consumer Financial Protection Act (“CFPA”) whistleblower claims of a terminated mortgage broker, concluding that the complainant did not...more

Zelle  LLP

That is SO last week - October 2015 #4

Zelle LLP on

Last week, the Second Circuit Court of Appeals issued its summary decision in Triple Play Sports Bar and Grille. Affirming the National Labor Relations Board, the Court held that an employee’s Facebook comments about working...more

Proskauer - Whistleblowing & Retaliation

ARB Rules That Secret Recording of Workplace Conversations Can Be Protected Whistleblowing Activity

On September 28, 2015, the U.S. Department of Labor Administrative Review Board (“ARB”) held that the recording of workplace conversations can be protected whistleblower activity under the Energy Reorganization Act of 1974...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

Sixth Circuit Changes Course on Proof Required to Show Protected Whistleblower Activity Under SOX

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The Sarbanes-Oxley Act (SOX) provides anti-retaliation protection to whistleblowers who engage in “protected activity.” To engage in protected activity under SOX, the whistleblower must provide information to the Securities...more

Proskauer - Government Contractor Compliance...

Petition Urges DOL To Target Contractual Clauses Discouraging Whistleblowing

The Government Accountability Project (GAP) and Zuckerman Law recently petitioned the U.S. Department of Labor (“DOL”) to issue rules and guidance prohibiting “de facto” gag clauses in settlement and severance agreements that...more

Littler

Third Circuit Adopts New Broader Standard for Defining Protected Activity for Whistleblowers

Littler on

The roller coaster continues for how to define protected activity under the Sarbanes Oxley Act (SOX). In a recent decision that signifies a major setback for employers, the United States Court of Appeals for the Third Circuit...more

Proskauer - Whistleblower Defense

Third Circuit Lowers Bar For Determining Whether Internal Complaint Is SOX Protected Activity

In Wiest v. Lynch, No. 11-cv-4257, 2013 U.S. App. LEXIS 5345 (3d Cir. March 19, 2013), the Third Circuit gave Chevron deference to U.S. Department of Labor Administrative Review Board’s (ARB) interpretation of “protected...more

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