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Protected Concerted Activity › Whistleblowers

The phrase "Protected Concerted Activity" refers to certain protected activities specified in the National Labor Relations Act of 1935. Under the NLRA, covered employees may join together to improve... more +
The phrase "Protected Concerted Activity" refers to certain protected activities specified in the National Labor Relations Act of 1935. Under the NLRA, covered employees may join together to improve their wages and working conditions. If employees are engaged in "protected concerted activity" and suffer adverse employment consequences, such employees may seek redress under the NLRA, whether or not they are members of a union.  less -
Conn Maciel Carey LLP

The easier-to-satisfy “contributing factor” framework is enough to prove whistleblower protection under the Sarbanes-Oxley Act.

Conn Maciel Carey LLP on

The Sarbanes-Oxley Act (“Act” or ”SOX”) shields whistleblowers from retaliation for reporting any wrongdoing by publicly traded companies. Recently, in Murray v. UBS Securities, LLC, the U.S. Supreme Court evaluated the...more

Venable LLP

Massachusetts District Court Denies False Claims Act Retaliation Claim Despite Finding Protected Activity Preceding Termination

Venable LLP on

On November 13, 2023, following a bench trial, a federal district court in the district of Massachusetts held that an employer's termination of an employee was not a violation of the whistleblower and retaliation protections...more

Fisher Phillips

5 Potential Pitfalls for NIL Collectives in College Sports to Avoid

Fisher Phillips on

Nearly a year has passed since the NCAA’s unprecedented adoption of its interim policy removing long-standing restrictions for student athletes who want to profit from their name, image, and likeness (NIL). Since then,...more

Parker Poe Adams & Bernstein LLP

OSHA Raises the Standard Impacting COVID-19 Whistleblower Claims

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Under Section 11(c) of the Occupational Safety and Health Act, employers are prohibited from taking adverse action against an employee because the employee has engaged in protected activity under the statute, such as filing a...more

Proskauer - Whistleblower Defense

Pennsylvania Magistrate Judge Recommends Dismissal of SOX Whistleblower Claim for Lack of Protected Activity

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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

Proskauer - Whistleblower Defense

SDNY Grants Motion to Dismiss SOX Retaliation Claim

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On September 18, 2019, the U.S. District Court for the Southern District of New York granted a defendant-employer’s motion to dismiss a SOX whistleblower retaliation claim, finding that the plaintiff failed to adequately...more

Proskauer - Whistleblower Defense

District of Rhode Island Dismisses In-House Attorney’s SOX Whistleblower Claim for Lack of Protected Activity

Proskauer - Whistleblower Defense on

On July 19, 2019, the U.S. District Court for the District of Rhode Island granted an employer’s motion to dismiss a SOX whistleblower claim, holding that the Plaintiff—an in-house attorney—failed to allege sufficient facts...more

Dorsey & Whitney LLP

D.C. Circuit Weighs in on the FCA’s Anti-Retaliation Statute

Dorsey & Whitney LLP on

Last month, the D.C. Circuit revived a False Claims Act (“FCA”) retaliatory discrimination claim by a former employee of Howard University contending that she was fired by the University for objecting both internally and...more

Proskauer - Whistleblower Defense

4th Circuit Vacates ARB SOX Whistleblower Decision for Lack of Protected Activity

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On June 13, 2019, the Fourth Circuit overturned the ARB’s decision in favor of a complainant, ruling that the plaintiff had not engaged in protected activity under the SOX whistleblower protection provision by complaining of...more

Proskauer - Whistleblower Defense

Minnesota Federal Court Rejects Employer’s Attempt to Litigate State-Law Whistleblower Claim in Federal Forum

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On March 11, 2019, a federal court in Minnesota rejected an employer’s attempt to litigate a plaintiff’s state-law whistleblower claim in a federal forum, ruling it was insufficient that the plaintiff alleged violations of...more

Proskauer - Whistleblower Defense

First Cir. Sets Pleading Standard For FCA Whistleblower Retaliation Claims

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On January 15, 2019, the First Circuit ruled that a plaintiff adequately alleges protected activity under the FCA whistleblower protection provision where he asserts that he reported concerns about his employer’s conduct that...more

Foley & Lardner LLP

Recent Developments Again Call for Timely Review of Restrictive Covenants

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We have suggested before that employers should view non-competition and other restrictive agreements as “live” documents, warranting regular examination to ensure they are deployed with appropriate precision and account for...more

Manatt, Phelps & Phillips, LLP

Employment Law - April 2015

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To Accommodate or Not to Accommodate? U.S. Supreme Court Weighs in on Pregnant Employees - Why it matters: The U.S. Supreme Court decided the first of two major employment law cases this term when a 6-3 majority of...more

Proskauer - Whistleblowing & Retaliation

Federal District Court Deepens Divide Over SOX Whistleblower “Protected Activity”

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On February 21, 2014, the District of Puerto Rico strayed from a prominent decision out of the First Circuit that employed the “definitively and specifically” standard governing protected activity under Section 806 of SOX,...more

Miller Canfield

Employee Motivation For Making a Whistleblower Claim Is Not Relevant Under WPA, MSC Rules

Miller Canfield on

An employee’s motivation for making a whistleblower claim is not relevant to his lawsuit under the Whistleblower Protection Act (WPA), the Michigan Supreme Court ruled in Whitman v. City of Burton on May 1....more

Proskauer - Whistleblowing & Retaliation

Law 360 Quotes Proskauer Regarding Upcoming SOX Decisions

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In a recent Employment Law 360 article (subscription required), Lloyd Chinn, co-head of Proskauer’s Whistleblowing & Retaliation Group, commented on upcoming decisions from the Tenth and Third Circuit Court of Appeals that...more

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