News & Analysis as of

Whistleblowers Employees Whistleblower Protection Policies

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

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

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

Ballard Spahr LLP

Are Whistleblower Protection Violations the New SEC Sweep?

Ballard Spahr LLP on

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...

Ballard Spahr LLP on

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

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

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

Ius Laboris on

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

Troutman Pepper Locke on

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

Ius Laboris on

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

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

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

Troutman Pepper Locke on

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

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

McDermott Will & Schulte

Datenschutzrechtliche Pflichten & mögliche Stolperfallen beim Whistleblowing

Mit dem Inkrafttreten des Hinweisgeberschutzgesetzes (HinSchG) am 2. Juli 2023 stehen Unternehmen vor neuen datenschutzrechtlichen Herausforderungen. Regelmäßig enthalten bei einer Meldestelle eingehende Hinweise...more

K&L Gates LLP

German Whistleblower Protection Act Enters into Force

K&L Gates LLP on

On 2 July 2023, the German Whistleblower Protection Act (the Act) came into force (Link to official text in German). It requires most employers to establish internal reporting channels enabling employees to report certain...more

Perkins Coie

California Supreme Court Broadens Whistleblower Protections

Perkins Coie on

The California Supreme Court (the Court) issued a unanimous decision on May 22, 2023, in the case of People ex rel. Garcia-Brower v. Kolla’s, Inc. The ruling broadened the interpretation of “disclose” under California Labor...more

39 Results
 / 
View per page
Page: of 2

"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