News & Analysis as of

Whistleblowers Good Faith

Wiley Rein LLP

Sixth Circuit Court of Appeals Reinstates OSHA ETS

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WHAT: On December 17, 2021, the United States Court of Appeals for the Sixth Circuit dissolved the stay of the Occupational Health and Safety Administration’s Emergency Temporary Standard (OSHA and the ETS) previously ordered...more

A&O Shearman

Does A Whistleblower’s Motive Matter?

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The motive of a whistleblower is often questioned, with good reason. Disclosures of malpractice or wrongdoing are often made in the context of performance management, a dismissal, or a grudge by a disgruntled worker. From an...more

Eversheds Sutherland (US) LLP

New guidance issued on Paycheck Protection Program; loans with original amounts under $2 million will be deemed in good faith

The Treasury and the Small Business Administration (SBA) today updated its set of Frequently Asked Questions (FAQs) with respect to the Paycheck Protection Program (PPP) established under the Coronavirus Aid, Relief, and...more

Proskauer - Whistleblower Defense

E.D. Virginia Allows FCA Whistleblower Retaliation Claim To Proceed

Background. Plaintiff worked with the Senior Advisor for Veteran Employment for the Department of Veteran Affairs (“Senior Advisor”) to develop an online veterans’ employment assistance program. The Senior Advisor’s husband...more

Fisher Phillips

Healthcare Employers, Beware: HIPAA Whistleblowers Could Be (Legally) Leaking Protected Health Information

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In this day and age, healthcare employers are quite familiar with the Health Insurance Portability and Accountability Act (HIPAA), which protects the disclosure of patients’ confidential health information. After all, in the...more

Dorsey & Whitney LLP

If a Whistleblower is Just Playing the Same Old Tune, Does the Law Protect Him?

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Some of the trickiest employment decisions can involve employees who have made accusatory complaints against the company they work for. Many state and federal laws protect “whistleblowers” who try to bring to light illegal...more

Dorsey & Whitney LLP

Minnesota Supreme Court clarifies requirements for state whistleblower lawsuits

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An opinion issued by the Minnesota Supreme Court on August 9, 2017, could be the basis for more lawsuits by employees accusing employers of retaliating against them for reporting alleged wrongdoing. The case is Friedlander v....more

Littler

Does Making Any Complaint About Work Now Turn An Employee Into A Possible Whistleblower Under Minnesota Law?

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The Minnesota Supreme Court issued a unanimous opinion on August 9, 2017 in Friedlander v. Edwards Lifesciences, LLC, finding that the 2013 amendments to the Minnesota Whistleblower Act (“MWA”) abrogated the requirement that...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Louisiana Supreme Court Defines “Good Faith” for LEQA Whistleblower Actions

Answering a question certified by the United States Court of Appeals for the Fifth Circuit, the Louisiana Supreme Court has ruled that the term “good faith,” as used in the whistleblower section of the Louisiana Environmental...more

Jackson Lewis P.C.

Florida Whistleblower Act Requires Showing of Actual Violation, Federal Court Rules

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Florida’s private-sector Whistleblower Act (“FWA”) protects only those employees who can show an actual violation of a law, rule, or regulation, a federal district court has held. Graddy v. Wal-Mart Stores East, LP, No....more

Baker Donelson

For a Whistleblower, What is Good Faith?

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Good faith. It is a term that is mercilessly bandied about in the law. And, its ambiguity can cause confusion . . . and a plea to the state’s highest court for clarification. The Louisiana Environmental Whistleblower...more

Littler

Minnesota Supreme Court Holds Six-Year Statute of Limitations Applies to Reporting Claims under the Minnesota Whistleblower Act

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On January 20, 2016, the Minnesota Supreme Court affirmed the Minnesota Court of Appeals’ decision in Ford v. Minneapolis Public Schools in a narrow holding that leaves unanswered some important questions regarding...more

Littler

OSHA Issues Revised Whistleblower Investigations Manual

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Continuing its emphasis on its Whistleblower Protection Program, the Occupational Safety and Health Administration (OSHA) released an updated Whistleblower Investigations Manual on May 21, 2015. OSHA enforces whistleblower...more

Thomas Fox - Compliance Evangelist

Economic Downturn Week, Part II – The Golden Gate Bridge and Employment Separation – Hotlines and Whistleblowers During Layoffs

I use the Golden Gate Bridge as an entrée to my continued discussion on the series on steps that you can use in your compliance program if you find yourself, your company or your industry in an economic downturn. Whether you...more

Dorsey & Whitney LLP

Quirky Question # 227, New Bells and Whistles in Minnesota Statute

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We have an employee who we have been planning to terminate because of performance issues. This employee may have realized this was coming because he recently sent an email to a number of people claiming that our company...more

Akerman LLP - HR Defense

Aery Is Scary For Florida Whistleblower Act Defendants

The Florida Whistleblower Act ("FWA") prohibits employers from retaliating against employees who object to, or refuse to participate in, the employer’s violation of a law, rule, or regulation. But most courts have held that...more

Stoel Rives LLP

2013 Minnesota Labor and Employment Update

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Minnesota employers, take note: laws that impact you are changing this year. Not only did the Minnesota legislature recently expand the use of employee sick leave (as we blogged about here) and legalize same-sex marriage,...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Whistleblower Protection in the UK"

On 25 June 2013, four key changes came into effect in the U.K. law protecting whistleblowers in the workplace. The first two changes are subtle amendments to the test applied to identify a protected disclosure, and the second...more

Stinson LLP

Employment And Labor Law Alert: Summary Of Minnesota Labor And Employment Laws Enacted In 2013

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During the 2013 legislative session, the Minnesota Legislature considered and passed a number of bills affecting Minnesota employers....more

Littler

Minnesota Legislature Modifies Whistleblower Statute

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On May 24, 2013, Minnesota Governor Mark Dayton signed into law a bill that the plaintiff's bar is likely to argue expands the scope of whistleblower protections for both public and private sector employees under the...more

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