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Statutory Interpretation › Anti-Retaliation Provisions

Morgan Lewis - Up & Atom

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

Morgan Lewis - Up & Atom on

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

Eversheds Sutherland (US) LLP

Ninth Circuit Adds to Circuit Split on Dodd-Frank Anti-Retaliation Protection for Internal Whistleblowers

Eversheds Sutherland (US) LLP on

On Wednesday, March 8, 2017, a divided panel of the Ninth Circuit Court of Appeals held that Dodd-Frank anti-retaliation protection extends to whistleblowers who report alleged unlawful activity internally but not to the...more

Littler

When is a Whistleblower Not a Whistleblower?

Littler on

Even though Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act more than three years ago, the basic question of who can claim the anti-retaliation protections of that law are less clear than ever....more

Orrick - Employment Law and Litigation

Fifth Circuit Defines “Whistleblower” Narrowly Under Dodd-Frank

Orrick - Employment Law and Litigation on

On July 17, 2013, the Fifth Circuit issued the first circuit court decision interpreting Dodd-Frank’s anti-retaliation provision. In Asadi v. G.E. Energy (USA), L.L.C., the Fifth Circuit held that, to be protected under...more

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