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Report Link SOX Applied to Employee Working Overseas.Jackson Lewis LLP - May 01, 2008 As the contingent of globally-mobile employees increases, the issue of whether American law, including the Sarbanes-Oxley Act, applies to American employees while working overseas is receiving greater attention by the courts. Report Link Fifth Circuit Provides Guidance on Whistleblower Claims Under Sarbanes-Oxley Act.Phelps Dunbar LLP - February 05, 2008 When most people think of the Sarbanes-Oxley Act of 2002, they think of a law regulating corporate governance, accounting, and financial disclosure. But public and private companies should remember that Sarbanes-Oxley is also an important employment statute. Report Link Changes In Obscure Law Could Affect Your BusinessFisher & Phillips, LLP - September 05, 2007 The Surface Transportation Assistance Act (STAA) is a law that doesn't receive a lot of coverage, but which potentially affects many companies. Because of recent changes that broaden the STAA, a lot more companies could be receiving unpleasant lessons in the statute. Report Link The Critical Role Of HR In Sarbanes-Oxley Compliance.Fisher & Phillips, LLP - September 05, 2007 Human Resources managers should never underestimate the importance of their role in Sarbanes-Oxley compliance. Too often, publicly-traded companies focus their Sarbanes-Oxley compliance efforts on financial reporting only, i.e., as a function of the Accounting and Legal departments. But the full participation of Human Resources can be critical in the corporation's efforts to comply with SOX. Report Link DOL's Administrative Review Board Decision Limits Whistleblower Status Under Sarbanes-Oxley Act of 2002.Jackson Lewis LLP - August 20, 2007 The case of David Welch, former Chief Financial Officer of Cardinal Bankshares (and perhaps the most well-known whistleblower under the Sarbanes-Oxley Act), has taken another turn as it wends its way through the U.S. Department of Labor and court system. According to a recent ruling from the DOL's Administrative Review Board ("ARB"), allegations of accounting irregularities, in the absence of claims of fraud or violations of the securities laws, are not enough to confer whistleblower status on Welch under the Sarbanes-Oxley Act. Report Link Another Whistleblower Law To Worry About.Fisher & Phillips, LLP - May 03, 2007 Whistleblowers now have a much bigger incentive to cry foul if they believe your company – or you – are pulling one over on the IRS. Under a tough new law passed by Congress in December 2006, whistleblowers now have a statutory right to collect a large bounty if they report tax fraud and the IRS ends up collecting money. This new law will undoubtedly lead to more claims filed by disgruntled employees who believe they have evidence of foul play in your workplace. Report Link Employee Whistleblowers Face Harder Time Bringing False Claims Act Cases.Jackson Lewis LLP - April 09, 2007 Are government contractors better protected from qui tam lawsuites under the FCA since recent Supreme Court decisions? Report Link Hospitality: Coast Guard Gets Complaint, Employee Gets Fired, Riverboat Gets Sued.Fisher & Phillips, LLP - February 13, 2007 Whistleblower claims have been on the rise for several years. A host of state and federal laws protect employees against reprisal for reporting allegedly illegal conduct by their employers to the appropriate governmental agencies. But a riverboat casino recently was hit with a case alleging a new twist in these laws. Several employees complained to the Coast Guard about a decision made by the Coast Guard, not the employer. Report Link DOL Clarifies Protected Activity in Sarbanes-Oxley Whistleblower Cases.Ford & Harrison LLP - October 06, 2006 In an important decision helping to define the Sarbanes-Oxley (SOX) whistleblower provisions, the Department of Labor's Administrative Review Board (ARB) has reversed the decision of an Administrative Law Judge (ALJ), finding that an airline employee did not engage in protected activity under SOX when she complained to her employer about what the ARB described as how the “company spends its money” or its “ability to collect a debt.” See Platone v. FLYi, ARB Case. No. 04-153. The ARB’s decision provides some much needed guidance regarding what constitutes protected activity under SOX. Report Link Stage of SOX Whistleblower Proceedings May Affect Preliminary Reinstatement as Remedy.Jackson Lewis LLP - September 13, 2006 Reinstatement is one of the most significant remedies provided for by the civil whistleblower provision of the Sarbanes-Oxley Act. Two decisions in 2006 have helped to define whether a successful complainant in a SOX whistleblower action can enforce a preliminary order of reinstatement by the Department of Labor. Report Link Supreme Court Limits Availability of First Amendment Protection in Public Sector Litigation over Retaliation Claims.Jackson Lewis LLP - June 12, 2006 The U. S. Supreme Court has ruled that when public employees make statements as part of their official duties, their speech is not protected under the First Amendment, and they are not immune from corrective action based on those statements. Report Link Supreme Court Holds That Restricting Speech That Is Undertaken as a Part of a Public Employee's Professional Responsibilities Does Not Violate the First Amendment (pdf).Phelps Dunbar LLP - May 31, 2006 On May 30, 2006, the Supreme Court reversed a
Ninth Circuit Court of Appeals holding in Gracetti v.
Ceballos, No. 04-473, 2006 WL 1458026 (U.S.). The
issue in Gracetti was whether the First Amendment
protected a public employee’s speech when it was
expressed as part of the public employee’s employment
duties. The Court’s ruling is applicable only to public
employers (i.e. states, cities, counties, parishes or other
government owned entities such as community
hospitals). It has no application to private, nongovernment
entities or businesses. Report Link Toward The End of the French Exception?: Overcoming the Challenges of Establishing a Global "Whistleblower" Hotline.Littler Mendelson, P.C. - December 09, 2005 Publicly-traded companies covered by the Sarbanes-Oxley Act ("SOX") – the U.S. corporate-governance law enacted in the wake of scandals such as Enron Corp. - are required to make available to employees an anonymous whistleblower reporting system (commonly called a hotline). Report Link Administrative Judge Dismisses Sarbanes-Oxley Complaint of Employee Previously Reinstated Under Preliminary DOL Order.Jackson Lewis LLP - November 28, 2005 The Sarbanes-Oxley Act delegates enforcement authority to the Department of Labor through the Occupational Safety and Health Administration. Since the enactment of SOX, employers have been concerned about the broad remedial powers of OSHA to address alleged violations of the Act's whistleblower protection provision. Among others, OSHA has the power to order reinstatement of an alleged whistleblower prior to a full hearing on the merits of a case. Report Link Vice President's Reinstatement in Limbo after Law Judge Dismisses Underlying SOX Charges.Jackson Lewis LLP - November 08, 2005 Since the enactment of the Sarbanes-Oxley Act (SOX), employers have been concerned about the broad remedial powers of the Occupational Safety and Health Administration for addressing alleged SOX violations. The SOX legislation delegated enforcing authority under the Act to the Department of Labor through OSHA, which has included OSHA's power to order reinstatement of an alleged whistleblower prior to a full hearing on the merits of a case. Report Link Court Strikes Whistleblower's Claims for Punitive Damages and Jury Trial Under Sarbanes-Oxley Act.Jackson Lewis LLP - August 23, 2005 Adding to the small but growing body of federal court decisions interpreting the whistleblower protection provisions of the Sarbanes-Oxley Act (SOX Act) is a recent Texas case. The decision from the U. S. District Court for the Northern District of Texas is significant in that it favorably addresses questions of bottom line impact for employers: the plaintiff's right to a jury trial, and the scope of available "special damages," i.e., damages for reputational injury, exemplary and punitive damages. Report Link Court Enforces DOL Order of Reinstatement of Former Employees Under Sarbanes-Oxley.Jackson Lewis LLP - June 10, 2005 A recent federal court decision under the Sarbanes-Oxley Act ordering the reinstatement of a former employee illustrates the broad remedial powers that the Act has granted to the Occupational Safety and Health Administration. Report Link Whistleblower Wins Reinstatement and Money Damages (pdf).Nexsen Pruet - April 15, 2005 On February 15, 2005, a U.S. Department of Labor administrative law judge (ALJ) ordered
Cardinal Bankshares Corporation to reinstate its former CFO, David Welch, even though the
company’s CEO and board of directors strongly mistrusted and disliked Welch and had
already hired another CFO to replace Welch. The ALJ also ordered Cardinal to pay Welch
$65,000 in back pay and special damages and $108,000 for attorney’s fees. Report Link Sarbanes-Oxley: lessons for private employers.Jones Walker - December 15, 2004 Imagine that you work for a private, family-run business — your family’s business. Let’s picture you as the bookkeeper and your husband (fond of red suits and ever reluctant to trim his long white beard) as the master toy craftsman and sole delivery person. With a few good hands, all of whom are very small (you provide reasonable accommodations so they can do their jobs) and like to wear funny hats and shoes (nothing obscene or violating your grooming policy — hard to complain since you allow the beard), your business is by all measures successful. Report Link Courts Expand the Ellerth/Faragher Affirmative Defense Beyond Sexual Harassment.Rothgerber Johnson & Lyons LLP - October 06, 2004 This past summer, the court in Williams was faced with the issue of whether the Ellerth/Faragher affirmative defense should apply to claims based upon retaliation for whistle-blowing activities, under the Energy Reorganization Act of 1974 (ERA). Report Link A New Era for Whistleblowers.Fredrikson & Byron, P.A. - February 24, 2004 Employment law concepts and protections historically mirror changes in societal and business norms. Report Link Former Bank CFO Makes Case That Discharge Violated Sarbanes-Oxley Whistleblower Provision.Jackson Lewis LLP - February 11, 2004 In reportedly the first successful whistleblower claim under the Corporate and Criminal Fraud Accountability Act, or Sarbanes-Oxley Act, an administrative law judge has ruled that a former bank chief financial officer was unlawfully terminated after protesting suspected insider trading and other financial practices. Report Link OSHA Issues Revised Whistleblower Investigation Manual Detailing Procedures for Complaints Under Sarbanes-Oxley and Thirteen Other Federal Statutes.Jackson Lewis LLP - September 18, 2003 The Occupational Safety and Health Administration has issued a revised Whistleblower Investigation Manual to provide guidance to agency staff about handling discrimination complaints under various federal statutes, including Title VIII of the Corporate and Criminal Fraud Accountability Act of 2002, known as the Sarbanes-Oxley Act. Report Link DOL Adopts Interim Final Rule Implementing Whistleblower Protection Provisions of Sarbanes-Oxley Act [PDF File, p10].Jones Walker - July 24, 2003 The proposed regulations are to be effective on the first day of the first plan year that begins on or after January 1, 2004. However, plan sponsors should make changes now to include the new tax credit information and cease using the 1986 model notice (if they have not already done so). Report Link Administrative Law Judge Decides Sarbanes-Oxley Whistleblower Provision Should Not Be Applied Retroactively.Jackson Lewis LLP - March 03, 2003 A U. S. Department of Labor Administrative Law Judge has issued what appears to be the first decision under the employee protection provision of the Sarbanes-Oxley Act of 2002. Report Link Sarbanes-Oxley Act: What Employers Need to Know [PDF File].Piper Rudnick LLP - February 28, 2003 The Act includes significant implications for employers, including a requirement that by April 23, 2003, publicly traded companies develop procedures for accepting and addressing complaints regarding questionable accounting and auditing matters. Report Link The Sarbanes-Oxley Act Of 2002 Employment Law Aspects - Whistleblower And Securities Analyst Protections.Thelen Reid & Priest LLP - December 30, 2002 Congress incorporated into the Act several key provisions that significantly impact the workplace and the manner in which employers may deal with their employees who help expose any wrongdoing by public companies. Report Link EMPLOYERS BEWARE: NEW WHISTLEBLOWER PROTECTION FOR EMPLOYEES [PDF File].Seaton, Beck, Peters, Bowen & Feuss, P.A. - October 31, 2002 In the wake of the Enron and other corporate misconduct scandals, Congress passed the Sarbanes-Oxley Act in July of 2002. This statute, among other changes to financial, accounting and securities law requirements, provides protection for employees of publicly traded companies who “blow the whistle” on employers. Report Link Questions and Answers about the "Sarbanes-Oxley" Whistleblower Provisions.Winston & Strawn - October 01, 2002 This Briefing answers questions regarding how the new whilstleblower provisions impact employers. Report Link Corporate Wrongdoing Legislation Gives Employees Whistleblower Protection Against Discrimination and Harassment. Jackson Lewis LLP - September 17, 2002 The corporate fraud scandals of recent months have prompted federal legislation to give added rights to employees who blow the whistle on corporate wrongdoing at publicly traded companies. The Sarbanes-Oxley Act, signed by President Bush on July 30, protects employees who disclose information or participate in an investigation or proceeding related to alleged violations of securities laws, SEC rules, and federal laws pertaining to shareholder fraud. Report Link Sarbanes-Oxley Act Creates Whistleblower Projection for Employees.Kilpatrick Stockton LLP - September 02, 2002 The Act creates new protections for employees of publicly traded companies who blow the whistle on securities fraud.
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Employment Law Seminars
PREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT'S ALL ABOUT RESPECT (AB1825 COMPLIANCE)
Sacramento
March 12, 2008 Shaw Valenza LLPUNDERSTANDING YOUR ETHICAL RESPONSIBILITIES AT WORK (AB 1234 COMPLIANCE)Sacramento
May 13, 2008 Shaw Valenza LLPPreventing Wage/Hour Class Actions.Online
May 13, 2008 LittlerHOW TO CONDUCT EFFECTIVE INTERNAL INVESTIGATIONSSacramento
May 13, 2008 Shaw Valenza LLPHow to Stay Union FreeLas Vegas
2008-5-13 Jackson Lewis LLPConducting Effective Investigations of Employment Claims: Essential Skills for Internal InvestigatorsHouston
May 13, 2008 Littler2008 Public Sexual Harassment Training for supervisors and managers.Universal City
May 13, 2008 Ballard RosenbergSHRM Morris County Monthly Legal UpdateFlorham Park
2008-5-14 SHRM Morris County ChapterThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActHartford
2008-5-14 Jackson Lewis LLPDigital Dangers: Recent E-Discovery Developments and TrendsLas Vegas
May 14, 2008 Littler |
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