News & Analysis as of

Whistleblowers Employees Retaliation

Friling Law

OSHA Retaliation Claims Under Section 11(c): A Legal and Practical Guide for Employers

Friling Law on

Employers across the U.S. must follow not only the workplace safety rules set out in the Occupational Safety and Health Act of 1970 (the “OSH Act”), but also its anti-retaliation protections — some of the strongest yet often...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

Jones Day on

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

Foley Hoag LLP

Supreme Court Ruling Eases Standard for Proving Whistleblower Retaliation Claims

Foley Hoag LLP on

On February 8, 2024, the Supreme Court of the United States clarified the standard for proving causation under the whistleblower protection provision of the Sarbanes-Oxley Act (the “Act”), easing the burden of proof employees...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

Baker Donelson

U.S. Supreme Court Sides with SOX Whistleblower in Murray v. UBS Securities

Baker Donelson on

On February 8, 2024, the U.S. Supreme Court unanimously decided that an employee who blows the whistle under the Sarbanes-Oxley Act of 2002 (SOX) does not need to show that their employer had retaliatory intent to find...more

Epstein Becker & Green

Massachusetts Federal Judge Rules that Protected Activity Does Not Shield an Employee from the Consequences of Engaging in...

Epstein Becker & Green on

On November 13, 2023, in USA ex rel, Morgan-Lee, et al. v. The Whittier Health Network, LLC, et al., a Massachusetts federal district judge concluded that although the plaintiff engaged in protected activity when she raised...more

Baker Donelson

Maryland's New Whistleblower Retaliation Standard

Baker Donelson on

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

Seyfarth Shaw LLP

New Rules and Obligations for Employers in Italy Concerning Whistleblowing

Seyfarth Shaw LLP on

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

Faegre Drinker Biddle & Reath LLP

California Supreme Court: Whistleblower Statute Protects Employees Who Disclose Allegedly Unlawful Conduct Even When it is Already...

Recently, the California Supreme Court ruled in The People ex rel. Lilia Garcia-Brower v. Kolla’s Inc. that California’s whistleblower protection statute (Labor Code § 1102.5) protects employees who disclose unlawful conduct,...more

Latham & Watkins LLP

Whistleblow Insights: Recurrent Themes and Common Drivers - January 2023

Latham & Watkins LLP on

Many sectors, including financial services, have encountered a discernible increase in whistleblows in recent times — a trend that shows no signs of abating. Indeed, some whistleblowers have seen fit to publicise their...more

Bressler, Amery & Ross, P.C.

Third Circuit Affirms that Whistleblowers are not Insulated From Harassment Complaints

On August 26, 2022, the Third Circuit Court of Appeals issued a ruling in Crosbie v. Highmark Inc., _ F.4th_ (3d Cir. Aug. 26, 2022), holding that, an employee who makes a whistleblowing claim is not insulated from being...more

K&L Gates LLP

California Supreme Court Establishes Employee-Friendly Standard for Whistleblower Retaliation Cases

K&L Gates LLP on

On 27 January 2022, the California Supreme Court answered a question certified to it by the Ninth Circuit: whether whistleblower claims under California Labor Code section 1102.5 are governed by the burden-shifting test for...more

ArentFox Schiff

California Supreme Court Adopts Employee-Friendly Test for Whistleblower Retaliation Claims

ArentFox Schiff on

The California Supreme Court has held that the standard for assessing whistleblower retaliation claims under California Labor Code section 1102.5 is not the McDonnell Douglas test, but the more plaintiff-friendly standard...more

Perkins Coie

CA Supreme Court Clarifies Standard for Whistleblower Retaliation Claims Under Labor Code Section 1102.5

Perkins Coie on

The Supreme Court of California provided California employers with important clarification on the standard courts will apply when analyzing an employee’s whistleblower retaliation claim arising under Labor Code Section...more

McDermott Will & Schulte

California Supreme Court Decision Places Higher Burden on California Employers in Whistleblowing Retaliation Claims

On January 27, 2022, the California Supreme Court provided clarification in Lawson v. PPG Architectural Finishes, Inc. to lower courts reviewing whistleblower retaliation claims. In what it calls an “unsurprising” decision,...more

Perkins Coie

November Tip of the Month: New York Whistleblower Statute

Perkins Coie on

On October 28, 2021, New York Governor Kathy Hochul signed into law legislation substantially broadening New York’s whistleblower statute. Specifically, while the statute previously protected only current employees in...more

Bass, Berry & Sims PLC

Trio of False Claims Act Retaliation Rulings from September

Bass, Berry & Sims PLC on

The False Claims Act (FCA) prohibits employers from retaliating against whistleblowers who report FCA violations. 31 U.S.C. § 3730(h). To plead a claim under this anti-retaliation provision of the FCA, an employee must show...more

Sheppard Mullin Richter & Hampton LLP

New Employment Laws to Look Out for in 2021

On January 1, 2021, various new and amended employment laws will go into effect in California. Below is a summary of some of these laws that employers should make themselves aware of heading into the new year. All laws...more

Butler Snow LLP

Tennessee Court Offers Insights on Viability of Whistleblower Claims

Butler Snow LLP on

Under the Tennessee Public Protection Act (TPPA), also known as “the whistleblowing statute,” it’s illegal to fire an employee if the sole cause for the termination was for refusing to either remain silent about or to...more

Jackson Lewis P.C.

USDOL Office Of Inspector General Reports Rise In OSHA Whistleblower Claims During COVID-19 Pandemic

Jackson Lewis P.C. on

On August 14, 2020, the U.S. Department of Labor Office of Inspector General (“OIG”)—the Department’s watchdog—released a report finding that the COVID-19 global pandemic has significantly increased the number of...more

21 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide