News & Analysis as of

Retaliation Anti-Retaliation Provisions

A Review of Recent Whistleblower Developments

by Foley & Lardner LLP on

Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business. ...more

Texas District Court Dismisses SOX Whistleblower Claim For Lack of Protected Activity

On March 21, 2017, the Northern District of Texas dismissed a former employee’s whistleblower retaliation claim on the ground that her allegations of fraud were too far removed from potentially harming the shareholders of a...more

Enhanced Whistleblower Protections for Nonprofit Employees

by Tonkon Torp LLP on

In the wake of Governor John Kitzhaber's resignation last year, the Oregon Legislature amended Oregon's "whistleblower" protection statute (ORS 659A.203) by expanding it to include Section 501(c)(3) nonprofit organizations...more

A Divided Ninth Circuit Extends Dodd-Frank's Anti-Retaliation Protection for Whistleblowers

by Nossaman LLP on

Without a bright line requirement of an SEC contact to trigger whistleblower status, employers may not learn until after termination that an employee claims to be a whistleblower. Employees often raise internal questions,...more

Ninth Circuit — Dodd-Frank Protects Internal Whistleblowers

On March 8, 2017, a split three-judge panel of the Ninth Circuit Court of Appeals affirmed a Northern District of California decision declining to dismiss a Dodd-Frank whistleblower retaliation claim because the plaintiff did...more

SEC Whistleblower Program May Be Facing Congressional Cutback

by Foley & Lardner LLP on

According to a memo circulating amongst Republican-party leaders as of February 13th, Republicans in the House of Representatives are planning to propose a significant curtailment of the U.S. Securities and Exchange...more

Modern Whistleblower Retaliation Risk Require a Modern Framework

by NAVEX Global on

If compliance officers ever needed one more sign about the importance of anti-retaliation programs, it arrived on September 29, 2016. On that day, the Securities and Exchange Commission (SEC ) fined a company that makes...more

OSHA’s Advisory Guidance on Anti-Retaliation Programs

On January 13, 2017, OSHA published the Recommended Practices for Anti-Retaliation Programs. OSHA’s guidance provides examples and suggestions of steps companies can take to implement an effective anti-retaliation program. ...more

Twelve Things to Know About the SEC’s Whistleblower Program

by K&L Gates LLP on

The Securities and Exchange Commission’s whistleblower program, like the whistleblower programs of other government agencies, provides bounties to persons who provide information that leads to successful enforcement actions....more

EMTALA Anti-Retaliation Rule Narrower Than You Might Think

by Faegre Baker Daniels on

Regional Care Hospital fired Marie Gillispie because she was outspoken in telling hospital management that it was required to report an incident of patient dumping and had violated EMTALA by failing to do so. At least that’s...more

Looming Effective Dates for New OSHA Recordkeeping Rule: Is Your Company Ready for Public Shaming for Workplace Injuries and...

by Partridge Snow & Hahn LLP on

Earlier this year the Occupational Health and Safety Administration (OSHA) published a new rule that attempts to shame employers into lowering workplace injuries and gives OSHA much broader discretion to regulate retaliation...more

E.D. Pennsylvania Limits Protected Activity Under SOX

In Westawski v. Merck & Co., No. 14-cv-3239 (E.D. Pa. Oct. 18, 2016), the Eastern District of Pennsylvania granted Defendant Merck & Co. (Company) summary judgment on Plaintiff Joni Westawski’s (Plaintiff) SOX whistleblower...more

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

by Holland & Knight LLP on

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

OSHA Issues New Whistleblower Guidelines

by Barley Snyder on

The Occupational Safety and Health Administration (OSHA) has issued a final rule on the procedures, processes, and timeframes for handling whistleblower complaints under the Affordable Care Act (ACA), as well as for hearings...more

Affordable Care Act Whistleblower Complaint Procedures

by McDermott Will & Emery on

On October 11, 2016, the Occupational Safety and Health Administration published a final rule that establishes procedures and time frames for handling whistleblower complaints under the Affordable Care Act (ACA); for hearings...more

[Webinar] 2016 Ethics & Compliance Virtual Conference - Harnessing the Business Value of an Ethical Culture - November 15th,...

by NAVEX Global on

Join professionals in ethics and compliance, human resources, legal, audit and training for the annual 2016 Ethics & Compliance Virtual Conference! Learn strategies to help you build a better governed, more risk-aware, and...more

New Hampshire Law Prohibiting Retaliation Against Employees Who Request A Flexible Work Schedule Now In Effect

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Effective September 1st, 2016, New Hampshire joined Vermont as the only two states that prohibit employers from retaliating against an employee solely because the employee requested a flexible work...more

EEOC Issues Updated, Expansive Guidance on Retaliation Claims

by Wilson Elser on

Claims against a business by an employee or former employee for retaliation under Title VII or other fair employment practices statutes enforced by the EEOC are common and dangerous. In announcing the EEOC’s newly released...more

EEOC Issues Enforcement Guidance on Retaliation

by Clark Hill PLC on

The Equal Employment Opportunity Commission ("EEOC") issued its Enforcement Guidance on Retaliation and Related Issues, along with two publications, a Question and Answer and a Small Business Fact Sheet. Together, these...more

Repercussions of Retaliation: EEOC Revises its Guidance on Retaliation

For the first time in 18 years, the U.S. Equal Employment Opportunity Commission (EEOC) has issued revised guidance (the Guidance) regarding retaliation. The Guidance, which broadens and clarifies the definition of protected...more

CFTC Proposes Amendments to Whistleblower Awards Process and Anti-Retaliation Authority

by Morgan Lewis on

The amendments would make the CFTC’s whistleblower awards process more uniform with the SEC’s program and would enable the CFTC to bring enforcement actions against employers that retaliate against whistleblowers....more

The Retaliation Problem

by Zelle LLP on

The Equal Employment Opportunity Commission just released new guidance on retaliation, updating guidelines last issued in 1998. Reviewing the new guidance reminded us of all the times that retaliation has become an issue...more

Illinois Increases Protected Leaves for Employees

by Littler on

Just two months after Chicago became the second city in the Midwest to require employers to provide paid sick leave, Illinois has enacted three laws that entitle employees to additional protected leaves.  The Child...more

The EEOC Issues New Enforcement Guidance On Retaliation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: For the first time since 1998, the EEOC has updated its enforcement guidance on retaliation claims brought under the various anti-discrimination laws the Commission is charged with enforcing. Observing...more

CFTC Proposes to Amend Whistleblower Rules to Provide Anti-Retaliation Enforcement Authority

The CFTC has proposed amendments to its whistleblower rules that reinterpret its anti-retaliation authority and proposes appropriate rule amendments to implement that authority. When the CFTC initially adopted its...more

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