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Report Link Ninth Circuit Issues Its First Ruling Setting Forth the Elements for Sarbanes-Oxley Whistleblower Claims.Littler Mendelson, P.C. - September 04, 2009 The Sarbanes-Oxley Act of 2002,1 (“Sarbanes-Oxley” or “SOX”) protects employees of publicly traded companies from retaliation for providing information related to possible acts of fraud against shareholders. In Van Asdale v. International Game Technology, No. 07-16597 (9th Cir. 2009), the U.S. Court of Appeals for the Ninth Circuit, addressing for the first time the substantive elements of a SOX whistleblower claim, ruled that employees do not have to prove that actual shareholder fraud has occurred to maintain such a suit. Rather, plaintiffs need only establish that they had an actual and objectively reasonable belief that shareholder fraud occurred. In addition, the Ninth Circuit held that concerns about the potential disclosure of attorney-client privileged information would not bar in-house attorneys from asserting SOX whistleblower claims. While the ruling is ultimately a conservative one that closely tracks the existing case law and regulations, it is an important decision for the Ninth Circuit. Report Link Hospital Liable Under Aviation Safety Whistleblower Law.Baker Hostetler LLP - July 28, 2009 Miami Valley Hospital (Miami Valley) and an air ambulance service which furnished pilots and mechanics for the hospital’s air ambulance operation were held jointly liable by the U.S. Department of Labor’s Administrative Review Board (Board) for violating the whistleblower protection provisions of the Aviation Investment and Reform Act for the 21st Century (AIR 21) when they fired an air ambulance pilot as a result of his safety-related complaints to a supervisor and the Federal Aviation Administration (FAA). Evans v. Miami Valley Hospital, DOL ARB, No. 07-118 (June 30, 2009). The Board ordered the pilot reinstated with back pay and awarded him $100,000 for the emotional distress resulting from his termination. Report Link Employers Threatened by a Connection Between Data Security and Whistleblowing/Retaliation Claims?Jackson Lewis LLP - May 29, 2009 Many companies are expediting their efforts to develop safeguards to protect personal data in response to the rapid emergence of data privacy and security regulations. The New Jersey Identify Theft Protection Act, the Massachusetts data security regulations, the federal “red flag” regulations, and the recent amendments to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) under the American Recovery and Reinvestment Act are prime examples of the wave of regulation directed at protecting personal data. While fear of data breaches, reputational harm, litigation and penalties usually drive company executives to action, employee whistleblower and retaliation claims also must be added to this list. Report Link NEW WHISTLEBLOWER PROTECTION FOR EMPLOYEES WHO REPORT SUSPECTED MISUSE OF STIMULUS FUNDS.Ballard Rosenberg Golper & Savitt - April 09, 2009 The American Recovery and Reinvestment Act of 2009 (ARRA) is infusing billions of dollars into the private sector. To ensure that the monies are actually used for their intended purpose, Congress added a powerful whistleblower provision into the law. Report Link New Rules for Government Contracting Put More Responsibilities on Contractors.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - April 06, 2009 On March 31, 2009, the Federal Register (Volume 74, Number 60) published new rules governing projects funded by the American Recovery and Reinvestment Act of 2009 (Recovery Act). Several of these rules provide the government with additional rights, and others charge contractors with additional responsibilities. Interested parties should submit written comments to the FAR Secretariat on or before June 1, 2009 to be considered in the formulation of a final rule. Here is what you should know. Report Link Recovery Act Includes Broad New Whistleblower Provisions.Baker Hostetler LLP - March 18, 2009 According to its preamble, the American Recovery and Reinvestment Act of 2009 (“the Recovery Act”) is intended to promote job preservation and creation, infrastructure investment, energy efficiency and science, assistance to the unemployed and fiscal stabilization. But employers should be aware that the Recovery Act also creates powerful “whistleblower” protection for employees. The Act’s whistleblower provisions apply to employers that receive a contract, subcontract, grant or other payment funded in whole or in part by the federal stimulus package. Report Link Stimulus Package Extends Whistleblower Protections to Employees.Littler Mendelson, P.C. - March 17, 2009 The American Recovery and Reinvestment Act of 2009 (ARRA), recently signed into law by President Obama, provides for unprecedented levels of investment in infrastructure, energy, and research. While the government's outlay of nearly $500 billion in stimulus spending offers many businesses the prospect of brighter economic days, it is important for businesses who receive those funds to know that the ARRA contains sweeping new protections for public and private employees who blow the whistle on gross mismanagement or waste of covered funds, creation of public health or safety risks, or violation of laws or regulations relating to the grant of the funds. Report Link Economic Stimulus Package Likely to Increase Whistleblower Litigation.Jackson Lewis LLP - March 09, 2009 The American Recovery and Reinvestment Act of 2009 (“ARRA”), signed by President Barack Obama on February 17, 2009, contains broad new protections against retaliation for whistleblowers. The protections are greater than those provided under the Sarbanes-Oxley Act, the Foreign Corrupt Practices Act and state laws, such as the New Jersey Conscientious Employee Protection Act. Report Link Whistleblower Provisions in American Recovery and Reinvestment Act May Impact Employers.Ford & Harrison LLP - February 27, 2009 The recently enacted American Recovery and Reinvestment Act (ARRA) contains whistleblower provisions that apply to non-federal employers who will receive funds under the ARRA. These provisions prohibit the employers from discharging, demoting, or discriminating against an employee for disclosing, to a covered entity, (1) gross mismanagement of an agency contract or grant relating to covered funds; (2) a gross waste of covered funds; (3) a substantial and specific danger to public health or safety related to the implementation or use of covered funds; (4) an abuse of authority related to the implementation or use of covered funds; or (5) a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) or grant, awarded or issued relating to covered funds. All qualified employers are required post notice of the rights and remedies provided under this section. Report Link Consumer Product Safety Improvement Act of 2008.Littler Mendelson, P.C. - October 13, 2008 On August 14, 2008, President Bush signed into law the Consumer Product Safety Improvement Act of 2008 (CPSIA or "Act"). Prompted by several well-publicized recalls of children's toys, this legislation dramatically expands the authority of the Consumer Product Safety Commission (Commission) and introduces new responsibilities for the manufacturers and retailers of consumer products. Of particular interest to employers, Section 219 of the CPSIA affords new whistleblower protections to the employees of manufacturers, labelers, distributors, and retailers of consumer products. "Consumer Products" include any article, or component part thereof, intended for use, consumption, or enjoyment by a consumer in the home or school or in recreation. "Consumer Products" do not include those items regulated by governmental agencies other than the Commission, such as tobacco, motor vehicles, pesticides, aircrafts, boats, drugs, cosmetics, and food (15 U.S.C. § 2052). Employees of covered employers will now have a private right of action and be able to collect back pay and other compensatory damages should their employer take adverse action against them because of their whistleblowing. Report Link International Legal Trends for Encouraging Employee Whistleblowing.Littler Mendelson, P.C. - October 07, 2008 In a recent report, the International Chamber of Commerce's (ICC) Commission on Anti Corruption ("the Commission") offered its view that "fraud remains one of the most problematic issues for business worldwide, no matter the company's country of operation, industry sector or size."1 Despite significant investment in controls to stem economic crime, companies are still reporting little or no noticeable return on their investment and a level of economic crime that has not significantly decreased. Report Link New Reason for Employees to Whistle – Consumer Product Safety Improvement Act.Constangy, Brooks & Smith, LLP - September 08, 2008 The Consumer Product Safety Improvement Act of 2008, recently signed into law by President Bush, provides a new cause of action for “whistleblowers” who engage in protected activity related to defective products. Report Link Employees Gain Whistleblower Protection Under New Consumer Product Safety Law.Jackson Lewis LLP - August 29, 2008 Whistleblower protection was given to employees in the retail and manufacturing sectors under the new federal Consumer Product Safety Improvement Act of 2008 (H.R. 4040) (“Act”). The Act, signed by President George W. Bush on August 14, 2008, is the most comprehensive overhaul of consumer product safety laws since the Consumer Product Safety Act was passed in 1972. The large number of consumer product recalls in 2007 (448, about half were of products for children) prompted Congress to take action. Most provisions of the Act, including the whistleblower protection provisions, are effective immediately. 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 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 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 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 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.
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ArticlesFound: 19 ArticlesNO SUBTOPICSEmployment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
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November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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