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Anti-Retaliation Provisions Whistleblowers Corporate Counsel

Conn Maciel Carey LLP

Common Questions in Evaluating a Whistleblower Complaint Filed with OSHA

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In FY 2023, the Occupational Safety and Health Administration (“OSHA”) received 3,243 Whistleblower complaints filed under various statutes’ anti-retaliation provisions. OSHA is charged with investigating alleged retaliation...more

Mintz

DOJ Reinforces Emphasis on Voluntary Self-Disclosure With Latest Updates to the Evaluation of Corporate Compliance Programs...

Mintz on

On September 23, 2024, the Criminal Division of the United States Department of Justice (“DOJ” or the “Department”) revised its Evaluation of Corporate Compliance Programs guidance (the “ECCP”)....more

Ballard Spahr LLP

SEC Increases Scrutiny of Whistleblower Protections

Ballard Spahr LLP on

Summary - The Securities and Exchange Commission (SEC) has recently announced settlements with a number of companies whose separation agreements or internal policies the SEC viewed as impeding employees’ participation in the...more

Seyfarth Shaw LLP

EU Whistleblower Directive – Where Are We Now?

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As the last of the EU member states implement the Whistleblower Directive, we recap the new rules employers need to be aware of, and give our views on whether a ‘one size fits all’ approach is feasible....more

Akin Gump Strauss Hauer & Feld LLP

The SEC Reminds Companies Not to Forget the ‘S’ in ESG: Activision Blizzard Reaches $35 Million Settlement Over Disclosure...

Key Points - On February 3, 2023, Activision Blizzard settled charges with the SEC, agreeing to pay $35 million to resolve novel claims that the company failed to maintain adequate disclosure controls to track workplace...more

Foley Hoag LLP

OSHA Announces Interim Final Rule on Antitrust Whistleblower Retaliation Claims

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The Occupational Safety and Health Administration (“OSHA”) of the U.S. Department of Labor has released a new rule that will give antitrust whistleblowers added protection against retaliation. The new rule establishes...more

Proskauer - Whistleblower Defense

DC Circuit: SOX’s Anti-Retaliation Provision Does Not Apply Extraterritorially

As we previously reported, on February 13, 2020, an Administrative Law Judge (ALJ) of the Department of Labor (DOL) dismissed a former in-house attorney’s whistleblower claims because he worked entirely outside of the United...more

NAVEX

Unpacking the Term “Whistleblower”

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The term whistleblower carries a lot of baggage – but you wouldn’t know this from its dictionary definition. The Merriam Webster dictionary defines a whistleblower as “one who reveals something covert or informs against...more

NAVEX

Separating the Whistleblower from Whistleblowing in the U.K.

NAVEX on

On December 7, 2022, NAVEX hosted a Whistleblowing in the U.K. event at the Royal Institute of British Architects in London. Our guest speakers for the session were MP Mary Robinson, who has been pivotal in driving the new...more

NAVEX

Creating a No-Tolerance Approach to Retaliation

NAVEX on

Over one-quarter (28 percent) of organizations surveyed in our 2022 Regional Whistleblowing Hotline Benchmark Report did not confirm that an anti-retaliation policy was a part of their organization’s confidential reporting...more

A&O Shearman

Second Circuit Overturns $1 Million Whistleblower Award For Improper Jury Instruction

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On August 5, 2022, the United States Court of Appeals for the Second Circuit overturned a judgment of approximately $1 million awarded to a purported whistleblower after a jury determined in 2017 that the financial...more

Proskauer - Whistleblower Defense

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

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

Stoel Rives - World of Employment

California Supreme Court Provides Clarity on Which Standard to Use for Retaliation Cases

On January 27, 2022, the California Supreme Court in Lawson v. PPG Architectural Finishes, Inc., No. S266001, 2022 WL 244731 (Cal. Jan. 27, 2022), addressed the issue of which standard courts must use when analyzing...more

Jackson Lewis P.C.

California Supreme Court Resolves Confusion Regarding the Burden Shifting Standard for Whistleblower Retaliation Claims

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Last year the California Supreme Court agreed to take up a question from the 9th Circuit regarding the evidentiary standard for whistleblower retaliation claims brought under California Labor Code section 1102.5. The...more

Epstein Becker & Green

New York’s Expanded Whistleblower Protections and Notice Requirements Take Effect January 26, 2022

Epstein Becker & Green on

On January 26, 2022, legislation (“Amendments”) amending and significantly expanding the scope of New York’s whistleblower laws will take effect....more

Fisher Phillips

New York Employers Must Prepare for Strengthened Whistleblower Protections

Fisher Phillips on

New York employees will soon have greater rights to assert claims of wrongdoing by their employers without retaliatory action. State lawmakers recently amended New York’s whistleblower law protections for private sector...more

Littler

European Whistleblowing Directive: Many EU member states missed the implementation deadline – Is your company prepared?

Littler on

On December 17, 2021, when the deadline for implementing the EU Whistleblowing Directive expires – or, at the latest, when corresponding national whistleblower protection laws come into force – member states of the European...more

Epstein Becker & Green

Whistleblower Protections for Employees Expand in New York

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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

Rivkin Radler LLP

October 2021 Brings 4 New NY Employment Laws

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In October 2021, New York Governor Hochul signed into law four new pieces of legislation affecting employees and employers in New York State. First, on October 28, 2021, New York Governor Hochul signed into law new...more

Proskauer - Whistleblower Defense

New York’s Whistleblower Protection Law Is Dramatically Expanded

On October 28, 2021, New York Governor Kathy Hochul signed into law a bill dramatically expanding New York’s whistleblower statute, New York Labor Law § 740, which is scheduled to take effect on January 26, 2022. ...more

Hogan Lovells

New York dramatically expands whistleblower protection law with sweeping amendments

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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

Polsinelli

Retaliation Against a Former Employee Can Give Rise to a False Claims Act Retaliation Claim

Polsinelli on

On March 31, 2021, in United States ex rel. Felten v. William Beaumont Hospital, the Sixth Circuit Court of Appeals held that an employer’s allegedly retaliatory conduct directed at an employee after the employee’s...more

Littler

The Department of Labor Establishes New Whistleblower Protocols

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On February 19, 2021, the U.S. Department of Labor announced that the Occupational Safety and Health Administration (OSHA) will oversee worker retaliation complaints filed under the Criminal Antitrust Anti-Retaliation Act...more

Littler

Protection for Criminal Antitrust Whistleblowers Signed into Law

Littler on

Largely overshadowed by the rise in COVID-19 deaths and the January 6, 2021, siege on the Capitol, the Criminal Antitrust Anti-Retaliation Act of 2019 (“the Act”) became law on December 23, 2020. See 15 U.S.C. § 7a-3....more

McGuireWoods LLP

New Law Protects Criminal Antitrust Activity Whistleblowers From Employer Retaliation

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On Dec. 23, 2020, President Trump signed into law the Criminal Antitrust Anti-Retaliation Act. The new law, whose passage was applauded by the Department of Justice, prohibits employers from retaliating against employees who...more

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