Coming nearly 20 years after a similar ruling by another federal appeals court, the D.C. Circuit has ruled that the whistleblower anti-retaliation provisions of the Sarbanes-Oxley Act do not apply extraterritorially.
A bill approved by the House of Representatives before lawmakers recessed for the elections would expand whistleblower retaliation protection for employees of the federal government. Such measures sometimes set a precedent for possible changes to the
The Securities and Exchange Commission has finalized changes to its “bounty hunter” regulations that arguably will allow corporate whistleblowers to claim even larger bounty awards.
A decision by the 2nd Circuit Court of Appeals finding that a plaintiff alleging unlawful retaliation under the Sarbanes-Oxley Act must show that his or her employer acted with discriminatory intent is at odds with rulings by two other federal appeal
In what appears to be the first state law of its kind, New York has enacted a measure to “clarify that release of personnel records to discount victims of workplace discrimination counts as a retaliatory action under the [state’s] Human Rights Law.”
The U.S. Securities and Exchange Commission reports that based on “tips” filed by corporate whistleblowers, it awarded a whopping $564 million in bounty hunter awards last year, more than all previous years combined.
The three agencies with primary responsibility for enforcing federal employment laws have launched a new initiative to devote added attention to enforcing anti-retaliation protections.
CWC is pleased to present its new “Catalog of Federal Bounty Hunter Laws” summarizing those programs that allow a whistleblower to share in monetary penalties awarded for providing information that leads to a conviction of wrongdoing against the gove
The U.S. isn’t the only global jurisdiction that has laws protecting a whistleblower from retaliation. In the 27 nations that make up the European Union, a comprehensive new whistleblower protection law is scheduled to go into effect this coming Dece
In the six years since we prepared our original federal whistleblower protection law catalog, Congress has enacted three more such laws. We’re pleased to present an updated catalog.
The four federal agencies that handle whistleblower complaints and bounty hunter tips generally reported an increase in activity last year over the previous year, in some cases logging record-breaking numbers.
Congress has given final approval to yet another federal whistleblower retaliation protection bill, in this case prohibiting an employer from retaliating against an employee who reports an alleged criminal antitrust violation to the government. Presi
The SEC has amended its whistleblower retaliation/bounty hunter regulations issued under the Dodd-Frank law to conform them to a 2018 Supreme Court ruling. The revised regulations contain clarifications that we believe employers will find helpful.
The appeals court ruled that even though the law in effect at the time referred only to Defense Department contractors, it should be interpreted to cover subcontractors as well, thus allowing a whistleblower retaliation lawsuit to proceed.
On rehearing, the full appeals court reversed an earlier panel ruling that had allowed a retaliation suit filed under Title VII by an HR Manager to proceed.
The Dodd-Frank financial reform law allows the U.S. Securities and Exchange Commission to give bounty hunter awards to whistleblowers who report fraud against the government. The SEC recently awarded its biggest bounty ever to a single whistleblower,
This ruling by the Sixth Circuit is consistent with those issued by other federal appeals courts that in order to prevail on a claim of “participation” retaliation under Title VII, the plaintiff must be able to show that the claim is tied to a charge
This federal appeals court ruling serves as a reminder that it does not take much for a plaintiff to make out a valid claim of retaliatory harassment under Title VII.
The four different federal agencies that handle whistleblower complaints filed under more than 20 federal laws have released enforcement statistics covering the fiscal year that ended on September 30, 2019. The data are consistent with the previous y
Although it doesn’t get a lot of attention, the Uniformed Services Employment and Reemployment Rights Act protects a member of the armed services from discrimination based on his or her service. This recent ruling illustrates how a manager’s anti-mil
In a welcome development, OFCCP has taken out many of the new and burdensome requirements that it was proposing to add to its compliance evaluation scheduling letters, which are now at OMB for final approval. CWC will be filing comments, and we’d lik
A recent announcement by the Labor Department that it has made minor technical changes to a poster that advises employees of their union organizing rights serves as a reminder that covered federal contractors have been required to display the poster
The decision by the court in this case adopts the liberal standard for asserting an unlawful retaliation claim articulated by the U.S. Supreme Court in its landmark 2006 ruling in BNSF v. White. Since that case was decided, retaliation claims have ba
With the proliferation of state laws legalizing marijuana use for medical purposes, it is becoming more and more difficult for employers to enforce drug-free workplace policies that ban marijuana use. Two recent court rulings underscore the dilemma.
A bipartisan bill that would ban federal contractors from asking about criminal history on an employment application has cleared key House and Senate Committees, and stands a fair chance of becoming law in this Congress. In the meantime, some of the
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