On December 17, 2020, the Administrative Review Board (“ARB”) of the U.S. Department of Labor affirmed the dismissal of a former employee’s whistleblower retaliation claim under Section 806 of SOX. The ARB concluded that the...more
On January 29, 2021, the U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal of a SOX whistleblower retaliation claim where the plaintiff failed to establish an employer-employee relationship with the...more
As we have previously noted, effective January 1, 2020, the Illinois Human Rights Act requires Illinois employers to provide employees with sexual harassment prevention training by December 31, 2020, and on at least an annual...more
On November 17, 2020, the Seventh Circuit held that allegations that a defendant violated Section 15(a) of the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS § 14/1, et seq.—which requires an employer that...more
The Commodity Futures Trading Commission (“CFTC”) recently released its 2020 Annual Report on the status of its whistleblower program for the fiscal year ending on September 30, 2020....more
On September 30, 2020, the U.S. District Court for the Northern District of Georgia granted an employer’s motion to dismiss a Dodd-Frank whistleblower claim on the ground that the alleged whistleblower did not complain to the...more
10/27/2020
/ Administrative Complaints ,
Administrative Remedies ,
Anti-Retaliation Provisions ,
Consumer Financial Protection Act (CFPA) ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Motion to Dismiss ,
OSHA ,
Retaliation ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Whistleblowers
On September 23, 2020, by a vote of 3 to 2, the U.S. Securities and Exchange Commission announced the adoption of a final rule implementing several changes to its whistleblower program, citing the need to “provide greater...more
10/8/2020
/ Amended Rules ,
Anti-Retaliation Provisions ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Enforcement Actions ,
Final Rules ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers
On September 14, 2020, the SEC announced payment of more than $10 million to a whistleblower who provided original information to the SEC that led to a successful enforcement action....more
On July 16, 2020, the Third Circuit affirmed the dismissal of a former IT analyst’s whistleblower retaliation claim, holding that he lacked an objectively reasonable belief that his complaints implicated one of the enumerated...more
8/18/2020
/ Anti-Retaliation Provisions ,
Cybersecurity ,
Dodd-Frank ,
Internal Controls ,
Internal Investigations ,
Internal Reporting ,
Popular ,
Retaliation ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Violations ,
Whistleblower Protection Policies ,
Whistleblowers ,
Wire Fraud
On June 15, 2020, Senator Kamala Harris and Representatives Jackie Speier and Jamie Raskin introduced the COVID-19 Whistleblower Protection Act (the “Act”), which seeks to provide protections for employees who blow the...more
6/18/2020
/ Anti-Retaliation Provisions ,
Arbitration Agreements ,
CARES Act ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Paycheck Protection Program and Health Care Enhancement Act ,
Proposed Legislation ,
Protected Activity ,
Whistleblower Protection Policies ,
Whistleblowers
The proposed Chicago COVID-19 Anti-Retaliation Ordinance (the “Ordinance”) that was the subject of our post on April 27, 2020, has now become law...more
The Illinois House of Representatives recently introduced House Bill 5769, which would create the Illinois Personal Protective Equipment Responsibility Act (the “Act”). The Act would require “essential employers” to provide...more
The State of Illinois has taken strong measures to mitigate the spread of COVID-19. Recognizing the impact of COVID-19 on the State of Illinois, on March 20, 2020, the Governor first issued Executive Order 2020-10 directing...more
5/18/2020
/ Anti-Harassment Policies ,
Business Closures ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Executive Orders ,
First Responders ,
Governor Pritzker ,
Layoffs ,
Non-Essential Businesses ,
Operators of Essential Services ,
Paid Sick Leave Act ,
Pay Reductions ,
Remote Working ,
Shelter-In-Place ,
State Labor Laws ,
Unemployment Benefits ,
Wage and Hour ,
WARN Act
On May 5, 2020, a Magistrate Judge in the U.S. District Court for the Western District of Pennsylvania issued a report and recommendation recommending that a defendant-employer’s motion for summary judgment dismissing a SOX...more
On May 5, 2020, the Seventh Circuit held that allegations that a defendant violated the Illinois Biometric Information Privacy Act (“BIPA”) by collecting a biometric information without first obtaining informed consent...more
5/14/2020
/ Article III ,
Biometric Information Privacy Act ,
CAFA ,
Employee Privacy Rights ,
FRCP 23 ,
Injury-in-Fact ,
Putative Class Actions ,
Removal ,
Split of Authority ,
Standing ,
Without Consent
On April 28, 2020, the Illinois Department of Human Rights (the “IDHR”) published its model sexual harassment prevention training program...more
On April 22, 2020, Chicago Mayor Lori Lightfoot, with the backing of several Aldermen, introduced the COVID-19 Anti-Retaliation Ordinance (the “Ordinance”), which, if enacted, would prohibit Chicago employers from retaliating...more
4/29/2020
/ Affirmative Defenses ,
Anti-Discrimination Policies ,
Anti-Retaliation Provisions ,
City Councils ,
Covered Employees ,
Employer Liability Issues ,
Hiring & Firing ,
Local Ordinance ,
Public Health Emergency ,
Quarantine ,
Sick Employees ,
Statutory Penalties
In recent weeks, there have been numerous widely reported incidents of employees, particularly those in the health care industry, claiming that they have been retaliated against for reporting health and safety concerns...more
Due to the sudden economic turbulence resulting from the COVID-19 pandemic, employers have been exploring ways to temporarily reduce operating costs. Many employers are seeking alternatives to layoffs. Such alternatives may...more
4/22/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Fair Labor Standards Act (FLSA) ,
Furloughs ,
Layoffs ,
NLRA ,
Pay Reductions ,
Reduction in Hours ,
Shared Work Program ,
State Labor Laws ,
Unemployment Insurance ,
Unions ,
WARN Act
On April 3, 2020, Michigan Governor Gretchen Whitmer issued Executive Order 2020-36, which, effectively immediately, prohibits Michigan employers from discharging, disciplining or otherwise retaliating against an employee who...more
As the outbreak of COVID-19 affects the country and states, counties and cities take various measures to slow the transmission, many employers are facing uncertainty and considering business contingency measures. To the...more
On March 30, 2020, the U.S. Supreme Court declined to review a decision from the Seventh Circuit in Leeper v. Hamilton County Coal, LLC, No. 19-1109, which held that a layoff was temporary, and thus did not trigger the 60-day...more
The State of Illinois has taken strong measures to mitigate the spread of the coronavirus. Recognizing the impact of the coronavirus on the State of Illinois, on March 20, 2020, the Governor issued Executive Order 2020-10...more
3/24/2020
/ Anti-Harassment Policies ,
Business Closures ,
Coronavirus/COVID-19 ,
Emergency Response ,
Employer Responsibilities ,
Executive Orders ,
Governor Pritzker ,
Layoffs ,
Pay Reductions ,
Reimbursements ,
Shelter-In-Place ,
Sick Leave ,
State of Emergency ,
Unemployment Insurance ,
WARN Act
On December 9, 2019, the U.S. District Court for the Southern District of New York ruled that, as a matter of law, directors cannot be held liable under the anti-retaliation provisions of the Sarbanes-Oxley Act. Zornoza v....more
1/16/2020
/ Anti-Retaliation Provisions ,
Board of Directors ,
CEOs ,
CFOs ,
Corporate Counsel ,
Federal Rule 12(b)(6) ,
Motion to Dismiss ,
Retaliation ,
Sarbanes-Oxley ,
Securities Violations ,
Whistleblower Protection Policies ,
Whistleblowers
On October 31, 2019, the ARB held that an employee who merely “hints” that he or she intends to file a whistleblower complaint has not engaged in protected activity sufficient to invoke the whistleblower protection provision...more