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2013 saw a raft of changes to UK employment law and there are likely to be more in 2014. In this Employment Alert, we recap some of the key changes that happened in 2013 and look ahead at what to expect in 2014....more
The ARB recently affirmed an ALJ’s decision that American Commercial Lines Inc. (the “Company”) did not violate the whistleblower protection provision in Section 806 of SOX where the Company demonstrated by clear and...more
The holidays have come and gone. I hope everyone enjoyed them, and I hope everyone received the gifts and presents they asked for. I come from a big family—three siblings, 14 aunts and uncles, and nearly twenty cousins....more
A recurring question under the federal whistleblower laws is whether plaintiffs suing their employers for retaliation have the right to a jury trial. The Dodd-Frank Wall Street Reform and Consumer Protection Act1 appears...more
The year since the first edition of Global Legal Insights – Employment & Labour Law has seen some of the most far-reaching and significant employment law reform in the United Kingdom for many years,...more
In a case that may have a broad impact, the New Jersey Appellate Division issued a decision on December 24, 2013, upholding criminal charges against a former school board clerk who took hundreds of confidential documents for...more
2013 has been a significant year for UK employment law. In particular, an abundance of new legislation (both about substantive law and Employment Tribunal procedure) has heralded a number of important changes.
On December 12, 2013, the U.S. District Court for the Southern District of New York granted an employer summary judgment on a long-running SOX whistleblower claim. Sharkey v. J.P. Morgan Chase & Co., No. 10-cv-3824 (S.D.N.Y....more
Sandra Wallace, Partner and Employment group head, highlights the most important legislative and case law developments from 2013 and identifies the key cases to watch out for in 2014. ...more
This week, Siemens won a rare courtroom victory when a federal judge ruled that a former employee could not sue the company for wrongful termination under Dodd-Frank’s whistleblower provisions. The case was dismissed when the...more
Commentators, employers and especially whistleblowers have paid a tremendous amount of attention to the whistleblower bounty provisions of the Dodd-Frank Act. Much less attention has been paid to an SEC rule implementing the...more
Scott Teutscher worked for the Riverside County Sheriff's Association (RSA) from 1999 until he was dismissed in 2005. Beginning in 2002, the Riverside Sheriff's Association Legal Defense Trust covered the legal costs for...more
What all of us do — solve legal problems arising in the workplace— occasionally appears on film. Sometimes accurate; sometimes flawed; and sometimes funny. To collect those Hollywood moments, we sent our college interns...more
The salesman you hired about six months ago just doesn’t seem to be working out. He’s not meeting his numbers and he hasn’t picked up on your concern regarding his performance. Moreover, some of the female employees in the...more
Let’s start with the statistics. Last year, there were 99,412 EEOC charges filed; 37,836 of them – more than one out of every three – asserted retaliation. Put differently, more charges of retaliation were filed than any...more
The U.S. District Court for the District of Colorado followed a trend of decisions concluding that a plaintiff need not have provided the SEC with information regarding alleged federal securities law violations to pursue a...more
In This Issue:
- Whistleblower protections and in-House Counsel
- The Dodd-Frank Act
- The False Claims Act
- Common Law Wrongful Discharge Claims
- The Ethical...more
Brian McVeigh, a former Operations Supervisor for Recology, alleged Recology fired him in retaliation for his reporting possible fraud in connection with California Redemption Value payments made by and to Recology for...more
In this Issue:
- California Supreme Court Revises Jury Instructions And Trial Procedures In Discrimination Cases, Harris v. Superior Court, 56 Cal. 4th 203 (2013)
- Employee Who Exhausted Four Months Of...more
The Government has announced an updated and revised timetable for the implementation of its proposed employment law reforms over the next two years.
The Government’s Employment Law Review was launched in 2010 to...more
In the recent case of Onyango v. Berkeley Solicitors, the UK Employment Appeal Tribunal ruled that an employee was allowed to bring a ‘whistleblowing’ claim relating to a protected disclosure that was made after the...more
Though President Obama and Congress established broad requirements in the Affordable Care Act (aka ObamaCare), they tasked federal agencies with filling in myriad blanks regarding implementation. The agency rules that are...more
A terminated employee brought claims against his former employer for wrongful termination in violation of the California False Claims Act (“CFCA”), public policy, and the whistleblower protections provided by the Labor Code. ...more
The U.S. District Court for the Central District of California ruled that a SOX whistleblower complaint survived a Rule 12(b)(6) challenge on “reasonable belief” grounds and found that complaints of potential future...more
Brian McVeigh v. Recology San Francisco et al.
Court of Appeal, First District (January 31, 2013)
Under the California False Claims Act (“CFCA”), whistleblowers are given protection when they disclose information to...more
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