News & Analysis as of

Whistleblowers The United States Department of Labor

Proskauer To Present On Whistleblower Developments At ABA Midwinter Meeting

On February 24, 2017 at 10:30 am, Proskauer Partner Connie Bertram will speak on “Whistleblower Provisions of Sarbanes Oxley” at the American Bar Association Section of Labor and Employment Law’s Federal Labor Standards...more

Whistleblower Conference Agenda Sizzles with Hot Topics

by Thomas Fox on

2016 was more than simply the most robust year in Foreign Corrupt Practices Act (FCPA) enforcement. It was also a record year in Securities and Exchange Commission (SEC) whistleblower awards and additionally the year the SEC...more

2016/2017 Labor & Employment Observer

by 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

Regulatory Update and Recent SEC Enforcement Actions

by Blank Rome LLP on

FINRA Bar Results from Assertion of Fifth Amendment Right against Self-Incrimination in Criminal Action - On October 5, 2016, the Financial Industry Regulatory Authority (“FINRA”) barred an indicted investment adviser,...more

Despite Privilege, GC May Pursue Whistleblower Retaliation Suit under SOX and Dodd–Frank

California’s USDC–ND ruled that Bio-Rad Laboratories’ former General Counsel may use privileged communications to prove his retaliatory-discharge case prosecuted under Sarbanes–Oxley and Dodd–Frank’s whistleblower...more

Former CFO Awarded $1.9 Million In SOX Case

An ALJ at the U.S. Department of Labor (DOL) recently ruled that a former CFO was entitled to approximately $1.9 million in back pay, front pay, and compensatory damages, concluding that he was retaliated against in violation...more

Another Year, Another Set of Laws: What California Employers Should Know

by Buchalter on

In keeping with California’s reputation of being an employee-friendly state, Governor Brown has enacted a number of laws, most of which go into effect on January 1, 2017 (unless specified otherwise below), that place...more

SEC, FINRA and the DOL Take Aim at Confidentiality Provisions in Firm Agreements

by Baker Donelson on

On October 24, 2016, the United States Securities and Exchange Commission (SEC)'s Office of Compliance Inspections and Examinations (OCIE) released an alert examining whistleblower rule compliance and the use of...more

Affordable Care Act Retaliation Complaint Procedures Finalized

On October 12, 2016, the U.S. Department of Labor issued its Final Rule governing retaliation complaints under the Affordable Care Act (ACA). The ACA is one of more than 20 whistleblower laws that are administered by the...more

DOL Finalizes ACA Retaliation Protections for Employees

by King & Spalding on

Final regulations were issued by the Department of Labor (“DOL”) on October 12, 2016 (“Final Rules”) governing employee retaliation protections under the Patient Protection and Affordable Care Act of 2010, as amended (the...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

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

by 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

A Review of Recent Whistleblower Developments

by Foley & Lardner LLP on

SEC Brings First Stand-Alone Whistleblower Retaliation Enforcement Action - On September 29, 2016, the U.S. Securities and Exchange Commission (SEC) brought its first stand-alone whistleblower retaliation case under...more

Employment Law Navigator – Week in Review: October 2016

by Zelle LLP on

Last week, California Governor Jerry Brown signed a law that requires employers to prove they are not paying workers differently because of their race or ethnicity. This new requirement builds on California’s Equal Pay Act,...more

USDOL Recruits Whistleblowers for Misclassification Claims: Will Gig Workers Even Notice?

by Fisher Phillips on

The United States Department of Labor (USDOL) recently revised its wage and hour poster to include information on the misclassification of workers as independent contractors. As noted in our previous legal alert on this...more

DOL Joins SEC in Attack on Severance Agreement Clauses

by BakerHostetler on

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

SDNY Awards Front Pay in Sarbanes-Oxley Whistleblower Retaliation Case

Perez v. Progenics Pharmaceuticals, Inc., involved a case where Plaintiff Perez drafted a memo to Progenics’ general counsel and his department head, accusing Progenics of committing fraud by publishing a false press release...more

Workplace Policy Institute Insider Report — September 2016

by Littler on

The September edition of Littler's Workplace Policy Institute Insider Report examines what federal agencies were up to while Congress was out of session, and discusses state and local laws that advanced in the weeks leading...more

OSHA Pilots New Expedited Whistleblower Process – Will Allow Complainants to Request Judicial Review

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The DOL announced this week its new Whistleblower expedited Case review pilot process, to be conducted in its Region 9. Employers in this region may now anticipate even more cases going to the ALJ’s, and...more

OSHA Launches “Expedited Case Processing Pilot” For Whistleblower Claims

On August 1, 2016, the U.S. Department of Labor (DOL) launched a new pilot program, titled “Expedited Case Processing Pilot,” in its Western region. The program enables a complainant filing claims under whistleblower...more

Emerging Labor & Employment Law Trends (Part 1)

by Reed Smith on

With summer 2016 almost behind us, employers should begin to plan for the major labor and employment law trends expected to emerge in the final quarter of the year and into 2017. In the first part of this two-part series, we...more

2016 Executive Employer Survey Report

by Littler on

The fifth annual report examines the legal, economic and social issues having the greatest impact on the workplace, based on survey responses from more than 800 in-house counsel, human resources professionals and C-suite...more

It’s All a Matter of Degree – Fourth Circuit Upholds Four-Year Front Pay Award and Tuition Reimbursement in SOX Case

Affirming a SOX victory for an employee, the Fourth Circuit in a 2-1 decision in Gunther v. Deltek upheld a Department of Labor award of four-years of front pay to a former financial analyst of a software firm and also...more

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