Whistleblower Protection Policies

News & Analysis as of

Whistleblower Awarded $80,000 in Punitive Damages

A recent case, Peasley v. Regis Corporation, resulted in a jury awarding $80,000 in punitive damages to the plaintiff, a hair stylist named Valerie Peasley. The claim was filed under the Maine Whistleblower Protection Act....more

OSHA Clarifies Standards for Whistleblower Investigations

The Occupational Safety and Health Administration (OSHA) has issued a new memo to clarify the investigative standards it has in place for its whistleblower investigations. There are more than 20 whistleblower protection laws...more

Whistleblowing: An Employer’s Guide To Global Compliance

In This Issue: - Foreword - A Summary Across Five Continents - Law and Sanctions - The Legislative Framework: Whistleblower Protections Across the Globe - Global Differences: The Cultural...more

Whistleblowers Big Winners After OSHA Obtains Injunction in Case

On May 7, the Occupational Safety and Health Administration (OSHA) succeeded in obtaining a preliminary injunction in a whistleblower claim, which kept the Lear Corporation from being able to retaliate any further against a...more

Infographic: Whistleblowing Laws - A snapshot of whistleblowing laws around the world

For every business there is a risk that corruption or inadequate systems will lead to dangerous or criminal behavior. Often employees are the first to suspect something is wrong, and employers need to manage the potential for...more

OSHA Issues More Guidance Regarding Temporary Workers

The Occupational Health and Safety Administration (OSHA) has issued two new bulletins in support of its ongoing Temporary Worker Initiative. The initiative was launched two years ago to increase OSHA’s focus on temporary...more

Case Alert: Employee Fairly Dismissed for Contacting the Information Commissioner's Office Against Instructions

What happened? In Barton v Royal Borough of Greenwich, the Employment Appeal Tribunal (the "EAT") decided that an employee was fairly dismissed for misconduct after failing to adhere to his employer's instructions not to...more

Fired Nurse Loses Whistleblower Suit over Suspected Drug Use

A federal appeals court recently affirmed the dismissal of a whistleblower-retaliation suit against a Maine nursing home, holding that the plaintiff employee failed to prove that she was fired for telling her supervisor she...more

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

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

District Court Holds False Claims Act Applies to Employee Allegedly Terminated for Engaging in Protected Activity Against...

In a matter of first impression, the U.S. District Court for the Western District of Pennsylvania in Cestra v. Mylan Inc. No. 15-0873 (E.D. Pa., May 22, 2015) held that the antiretaliation provision of the False Claims Act...more

Polsinelli Podcast - What Your Company Needs to Know About Whistleblower Claims [Video]

Whistleblower stories fill the pages of newspapers and online publications with often daily accounts of an employee who has spoken out against the company. If you're the company manager, there are steps you need to take to...more

Whistleblowers – Tracking Ups and Downs

One of many things about life – just when you think you know something, it turns out you do not. Or another trite way to say the same thing – Life is full of surprises. The evolution in the treatment and legal...more

Mintz Levin Health Care Qui Tam Update - Recently Unsealed Whistleblower Cases: June 2015

Trends & Analysis: ..We have identified 33 health care–related qui tam cases that have been unsealed in whole or in part since the cases covered in our last Qui Tam Update. In addition, we have also identified one case...more

OSHA Updates Whistleblower Manual, Focusing On Damages And Settlement Agreements

On May 21, 2015, OSHA—which has responsibility for investigating and enforcement under 22 whistleblower retaliation statutes—released an updated edition of its Whistleblower Investigations Manual (the Manual), the first such...more

Airline employees have a right to voice concerns over their safety

Airline workers are often at risk of serious injury from occupational trauma. The possible dangers of airline work include hearing damage, musculoskeletal damage, head injury, infectious diseases and amputation. In many...more

New York State Attorney General Issues Guidance on the Conflict of Interest and Whistleblower Policy Provisions of the New York...

The New York State Attorney General’s Charities Bureau recently issued written guidance on certain provisions of the New York Non-Profit Revitalization Act of 2013 (the “Act”), including provisions on audit oversight...more

OSHA Issues Revised Whistleblower Investigations Manual

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

OSHA Publishes New Whistleblower Investigations Manual

OSHA released an updated version of its Whistleblower Investigations Manual (CPL 02-03-005) on May 21, 2015–the first update since September 2011. The manual now reflects procedures for investigating MAP-21 whistleblower...more

Senate Approves Whistleblower Bill for the Auto Industry

The U.S. Senate passed the first-ever piece of whistleblower legislation specific to automotive safety April 28. The proposed measure provides incentives to whistleblowers within the auto industry to come forward about known...more

Expanded Whistleblower Protections Impact Confidentiality Policies and Agreements

All employers should review their confidentiality policies and agreements to ensure adequate protections for whistleblowers in the wake of recent actions by both the Securities and Exchange Commission (“SEC”) and the National...more

OSHA Issues New Definition for Whistleblower Activity

In the past several months, we circulated several client alerts relative to a change in the definition of “whistleblower” and what constitutes a protected whistleblowing activity under Section 11(C) of the Occupational Safety...more

Proposed Legislation Could Punish Those Who Retaliate Against VA Whistleblowers

The U.S. Department of Veterans Affairs has been the subject of controversy for much of the past year after a variety of whistleblowers exposed a nationwide problem of extremely long wait times for veterans needing treatment...more

OSHA Clarifies the Standard for Whistleblower Claims

On April 20, 2015, the Acting Director of the Occupational Safety and Health Administration (“OSHA”) Whistleblower Protection Programs issued a memorandum to all Regional Administrators clarifying the standard which should be...more

Arizona's "Whistleblower" Laws: Tread Carefully

A “whistleblower” is someone who reports to management (or in some cases state and federal agencies) that they believe someone in their company is engaged in illegal conduct. There are numerous federal statutes that provide...more

Maine Law Court Weighs In Again on Whistleblower Claims

The Maine Supreme Judicial Court, acting as the Law Court, recently issued a decision reiterating the scope of protected activity under the Maine Whistleblowers’ Protection Act. The decision is a win for employers and...more

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