News & Analysis as of September 24, 2024

Hiring & Firing › Internal Reporting

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Whistleblower Implications of Titanic Proportions

FordHarrison on 7/26/2023

While the world held its collective breath last month as search teams desperately looked for a missing submersible carrying five Titanic tourists, news reports began circulating of a former OceanGate director of marine...more

Jane Turner: From FBI Whistleblower to Whistleblower Advocate

Kohn, Kohn & Colapinto LLP on 3/15/2023

From oustee to advocate, former FBI agent Jane Turner continues to uplift whistleblowers while sharing her personal story exposing widespread misconduct and cover-ups within the Federal Bureau of Investigation (FBI)....more

CA District Court: SOX and Dodd-Frank’s Whistleblower Provisions Do Not Apply To Individual Employed Abroad

Proskauer - Whistleblower Defense on 7/18/2022

On June 7, 2022, the United States District Court for the Northern District of California, relying on recent ARB decisions, held that a plaintiff who lived and worked for a Canadian subsidiary of a US company could not avail...more

Florida District Court Limits Scope of Protected Activity under the FCA

Proskauer - Whistleblower Defense on 6/16/2022

On March 29, 2022, the U.S. District Court for the Southern District of Florida held that in order to engage in protected conduct under the False Claims Act (“FCA”), a plaintiff must specifically suspect that their employer...more

California Supreme Court Sets Framework for Whistleblower Retaliation Claims

Manatt, Phelps & Phillips, LLP on 2/16/2022

A territory manager for paint and coatings manufacturer PPG Architectural Finishes, Wallen Lawson was responsible for stocking and merchandising PPG paint products in Lowe’s home improvement stores in Southern California....more

Whistleblower Protections for Employees Expand in New York

Epstein Becker & Green on 11/22/2021

New York Governor Kathy Hochul recently signed legislation that expands one of the state’s whistleblower laws with significant revisions (“Amendments”) to NY Labor Law § 740 (“Section 740”). The Amendments increase coverage...more

CA District Court: Dodd Frank Whistleblower Provision Does Not Apply Extraterritorially

Proskauer - Whistleblower Defense on 11/11/2021

On June 28, 2021, the United States District Court for the Northern District of California granted the Company’s Rule 12(b)(6) motion to dismiss after an executive claimed he was discharged in violation of the Dodd-Frank...more

New York dramatically expands whistleblower protection law with sweeping amendments

Hogan Lovells on 11/1/2021

On October 28, 2021, New York Governor Kathy Hochul signed legislation enhancing the protections available to individuals who claim retaliation for reporting alleged employer wrongdoing. The legislation (S.4394A/A.5144A)...more

EMPLOYERS BEWARE: California Labor Commissioner Issues ‘Retaliation’ Fine After Employee Complaints about COVID Safety Measures

CDF Labor Law LLP on 2/24/2021

California’s Labor Commissioner issued a $125,913 fine against a McDonald’s franchisee for retaliating against its former employee who allegedly complained about COVID safety issues before being terminated. The Labor...more

Ask, Or You Shall Not Receive: 5th Circuit Nixes Accommodation Claim for Employee’s Failure to Ask for an Accommodation

Seyfarth Shaw LLP on 2/13/2020

Seyfarth Synopsis: Recently, when affirming summary judgment to the employer in a disability discrimination case, the Fifth Circuit Court of Appeals issued two welcome reminders. First, to pursue a disability accommodation,...more

Littler Global Guide - India - Q4 2019

Littler on 1/27/2020

Commercial Establishments in Karnataka Permitted to Remain Open 24/7, for Three Years - New Order or Decree - On October 11, 2019, the State Government of Karnataka has issued a notification permitting shops and...more

SDNY Rejects Director Liability for Sarbanes-Oxley Whistleblower Claims, Creating a Split Among Federal District Courts

Polsinelli on 1/2/2020

Public company directors, who are under constant threat of claims, received welcome news earlier this month. On December 9, 2019, the U.S. District Court for the Southern District of New York ruled that corporate directors...more

ARB: “Hinting” at Filing a Whistleblower Complaint is Not Protected Activity

Proskauer - Whistleblower Defense on 12/5/2019

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

ARB: No Protected Activity where Employee Inadvertently Informed Employer and Only “Hinted” at Filing Whistleblower Complaint

Seyfarth Shaw LLP on 11/13/2019

Seyfarth Synopsis: The DOL’s ARB rejected an employee’s SOX retaliation claim where he inadvertently provided information to his employer and only “hinted” that he was filing a SOX-protected complaint. The ARB seems unwilling...more

Ontario, Canada: A Tale of Violence and Harassment in the Workplace and Judicial Sanctions for an Employer that Handled it Poorly

Littler on 5/28/2019

As employment lawyers that represent management, we invariably counsel our clients that they must treat complaints of harassment in the workplace seriously, and take immediate steps to investigate them. A recent case,...more

Ninth Circuit Affirms Most of Jury Verdict in Former GC’s SOX Whistleblower Lawsuit

Proskauer - Whistleblower Defense on 3/7/2019

On February 26, 2019, the Ninth Circuit affirmed much of a jury’s approximately $11M verdict finding that a former general counsel was discharged in retaliation for reporting alleged Foreign Corrupt Practices Act (“FCPA”)...more

Fifth Circuit Affirms Summary Judgment on SOX Whistleblower Claim

Proskauer - Whistleblower Defense on 3/5/2019

On February 15, 2019, the Fifth Circuit affirmed the grant of summary judgment in favor of Andeavor Corporation f/k/a Tesoro Corporation on a SOX whistleblower claim, concluding that the plaintiff lacked an objectively...more

Whistleblowers and Retaliation: How To Prevent Getting Sued (Presentation)

Jackson Walker on 11/7/2018

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WPI State of the States: Employer Liability, Harassment, and Salary History Bans Continue to Occupy State Legislatures

Littler on 8/3/2018

As the summer months heat up, state legislative activity has noticeably cooled. Only two states (New Jersey and Massachusetts) are in active session, and Rhode Island, which had been in recess, is scheduled to adjourn at the...more

A Review of Recent Whistleblower Developments - July 2018

Foley & Lardner LLP on 7/19/2018

Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business. Recent developments include: New...more

Employment Flash - April 2018

Skadden, Arps, Slate, Meagher & Flom LLP on 5/2/2018

This edition of Employment Flash looks at recent court decisions, including the U.S. Supreme Court's rulings on cases relating to the definition of a whistleblower and exemptions from the overtime pay provisions. This edition...more

Making Sure Your Company Is Not the Next Harassment Hashtag

Bradley Arant Boult Cummings LLP on 4/5/2018

Like every other employment lawyer in America, I have been giving a good bit of thought to #MeToo and what it means for my clients. Many (although certainly not all) of the stories under this hashtag are about unreported...more

"Actual Damages" Interpreted to Include Non-Economic Damages Under Pennsylvania's Whistleblower Law

Littler on 4/4/2018

A recent Pennsylvania Supreme Court decision has upheld that successful plaintiffs are entitled to non-economic damages under Pennsylvania’s Whistleblower Law, 43 P.S. §§1421-1428 (the “Law”). In Bailets v. Pa. Turnpike...more

Supreme Court Narrowly Interprets “Whistleblower” under Dodd-Frank, Foreclosing Protections for Those Who Fail to Report Issues to...

Bradley Arant Boult Cummings LLP on 2/23/2018

The Supreme Court has resolved a circuit split on whether Dodd-Frank’s whistleblower protections apply only to employees who report their concerns to the Securities and Exchange Commission (SEC). On Wednesday, in Digital...more

U.S. Supreme Court Narrows Dodd-Frank Act Whistleblower Protections

Jackson Lewis P.C. on 2/23/2018

The anti-retaliation provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 protects only employees who complain directly to the Securities and Exchange Commission (SEC), the U.S. Supreme Court has...more

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