News & Analysis as of

Employees Whistleblower Protection Policies

Seyfarth Shaw LLP

Managing cross border sexual harassment investigations in Australia and Asia––10 key considerations for employers (Part 3)

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In Part 3 of our series, we’ll look at the standard of proof, the conduct of interviews, how each country aims to protect confidentiality and whistleblowers, and privacy....more

Littler

Capitol Gains: California's Legislative Highlights for 2025

Littler on

California’s legislature covered a wide array of labor and employment law topics in the 2024 legislative session. The laws discussed below were signed into law by Governor Newsom and will become effective on January 1, 2025,...more

Hinshaw & Culbertson - Employment Law...

The 12 Days of California Labor and Employment Series – Day 8 "Required Whistleblower Notices"

In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on employers. On the eighth day of the holidays, my labor and...more

A&O Shearman

The FCA's non-financial misconduct survey: decoding the findings

A&O Shearman on

In February 2024, the FCA sent a survey to 1,028 wholesale firms (insurers, market intermediaries, banks and brokers) asking about recorded incidents of non-financial misconduct between 2021 and 2023. With a 96% response...more

Jones Day

DOJ Updates Corporate Compliance Program Guidance With a Focus on AI and Emerging Technologies

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The Situation: In September 2024, the U.S. Department of Justice ("DOJ" or "Department") announced updates to its Evaluation of Corporate Compliance Programs guidance covering three primary areas: (1) the risks of artificial...more

Ballard Spahr LLP

Are Whistleblower Protection Violations the New SEC Sweep?

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The Securities and Exchange Commission (SEC) continues to investigate companies for including language in their employment and separation agreements or retail client settlement agreements that potentially discourages...more

Ballard Spahr LLP

SEC Announces Settlements with Seven Public Companies for Violations of Exchange Act Whistleblower Protections in Employee and...

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The SEC has begun to bring enforcement actions against companies whose employment and client agreements could appear to infringe on the right to report cases in violation of Section 21f-17(a) of the Exchange Act. On September...more

Jenner & Block

Client Alert: Key Takeaways from the SEC’s Latest Enforcement Sweep Regarding Violations of the Whistleblower Protections Rule

Jenner & Block on

Earlier this week, the SEC announced an enforcement sweep charging seven public companies with violating the whistleblower protections rule in various employment-related agreements. These charges reflect the SEC’s continuing...more

Woods Rogers

CFPB Warns Employee Confidentiality Agreements May Violate Whistleblower Protections

Woods Rogers on

The Consumer Financial Protection Bureau (CFPB) recently issued the Consumer Financial Protection Circular 2024-04 warning financial institutions that broad employee confidentiality agreements may violate the whistleblower...more

Carlton Fields

SEC Penalizes Anti-Whistleblower Provision in Customer Settlement Agreements

Carlton Fields on

The SEC has opened a new track in the whistleblower litigation derby. While SEC enforcement actions concerning whistleblower violations are nothing new, they typically involve claims that companies precluded employees from...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2024

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more

Sheppard Mullin Richter & Hampton LLP

United States Supreme Court Endorses Low Burden of Proof for Whistleblowers

In Murray v. UBS Securities, LLC, 601 U. S. ____, 2024 WL 478566 (2024), the United States Supreme Court (Sotomayor, J.) held that whistleblowers do not need to prove their employer acted with “retaliatory intent” to be...more

Jones Day

Supreme Court Holds Proof of Retaliatory Intent Not Required for Sarbanes-Oxley Whistleblower Claims

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The Background: In August 2022, the United States Court of Appeals for the Second Circuit held in Murray v. UBS Securities, LLC., et al. ("Murray") that an employee suing his employer under the anti-retaliation provisions of...more

Oberheiden P.C.

The Healthcare Whistleblower Protection Act: A Guide in the Healthcare Field

Oberheiden P.C. on

The Whistleblower Protection Act of 1989 is federal legislation that protects whistleblowers who are or were employed by the government and who report a federal employee responsible for illegal activity, abuse of authority,...more

Akerman LLP - HR Defense

Jingle All the Way to the SEC: Employers (Even Privately Held) Under Scrutiny for Language in Separation Agreements Impeding SEC...

While jingle bells have only just begun to ring, the U.S. Securities and Exchange Commission (SEC) enforcement bells have been ringing steadily throughout year. In recent months, the SEC announced significant settlements with...more

Ius Laboris

Toolkit for an ethical way forward November 2023

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No longer seen as a mere ‘nice to have’, many employers are now putting major efforts into building an ethical HR practice. In the post-pandemic world, the climate crisis, the attitudes of a new generation of workers and new...more

Troutman Pepper Locke

Top 10 Tips for Drafting Whistleblower Compliant Arrangements

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Background - Under Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, Congress expanded protections for whistleblowers reporting possible violations of federal securities laws to the...more

Ius Laboris

Belgium’s new whistleblowing law

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The EU Whistleblowing Directive has been implemented in Belgium and SMEs have only until 17 December to act. Here we consider some of the key details of the new Belgian legislation....more

Baker Donelson

Maryland's New Whistleblower Retaliation Standard

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Maryland's highest court announced on August 30, 2023, that a health care employee who claims to have "blown the whistle" on their employer's alleged misconduct must satisfy the "but for" standard of causation to prevail on a...more

FordHarrison

New California Employment Developments for 2024

FordHarrison on

Executive Summary: Employers should look forward to another round of changes to the Golden State’s employment standards this year, the most challenging of which will be addressing employee protections for off-premises...more

NAVEX

[Webinar] Breaking Silence: Fostering a Speak-Up Culture in Organizations - November 10th, 9:00 am BST

NAVEX on

Organizations that fully embrace the value of employee feedback and encourage a speak-up culture are seen as more ethical and trustworthy. Data proves the value of a whistleblower reports in improving culture- is your...more

NAVEX

[Webinar] Breaking Silence: Fostering a Speak-Up Culture in Organizations - November 9th, 10:00 am AST

NAVEX on

Organizations that fully embrace the value of employee feedback and encourage a speak-up culture are seen as more ethical and trustworthy. Data proves the value of a whistleblower reports in improving culture- is your...more

Allen Matkins

Has The SEC Put The Proverbial Horse Before The Cart?

Allen Matkins on

In a recently settled administrative proceeding, the Securities and Exchange Commission took the position that an employer took action to impede potential whistleblowers when as a condition of receiving separation pay, the...more

Troutman Pepper Locke

SEC Charges Privately Held Monolith Resources for Violating Whistleblower Protection Rules

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On September 8, the U.S. Securities and Exchange Commission (SEC) announced that it settled charges against Monolith Resources LLC, a privately held technology and energy company headquartered in Nebraska. The SEC’s...more

Seyfarth Shaw LLP

New Rules and Obligations for Employers in Italy Concerning Whistleblowing

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Last March, Italy passed the Legislative Decree n. 24/2023, which implemented the EU Directive n. 2019/1937 introducing relevant changes and obligations for employers in terms of whistleblowing. As a result, companies with...more

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