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Entries from September 2011

Menendez v. Halliburton Affirms Broad Protection for Sarbanes-Oxley Whistleblowers

September 28th, 2011 · No Comments

Tweet On September 13, 2011, the Department of Labor Administrative Review Board (ARB) issued an opinion in Menendez v. Halliburton, Inc., another opinion in a long line of opinions this year and last year that affirm broad protections for Sarbanes-Oxley Act (SOX) whistleblowers.   The ARB reversed the decision of the Administrative Law Judge, finding that the […]

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Tags: Sarbanes-Oxley

Bank of America Ordered to Pay $930,000 to Whistleblower for Violating SOX

September 22nd, 2011 · No Comments

TweetThe U.S. Department of Labor ordered Bank of America (BoA)  to reinstate and pay $930,000 to a former employee who BoA is accused of unlawfully retaliating against. The unidentified employee worked for Countrywide Financial Corp. before it merged with Bank of America in 2008. After conducting an internal investigation, the former employee found “widespread and […]

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Tags: Sarbanes-Oxley

DOL ALJ Orders Whistleblower Truck Driver Reinstated at Beacon Transport

September 12th, 2011 · No Comments

TweetU.S. Department of Labor Administrative Law Judge Joseph E. Kane ordered whistleblower Edward Schrieber reinstaed with his former employer Beacon Transport, Inc.  ALJ Kane also awarded Schrieber back pay and attorneys’ fees. Beacon Transport had fired Schrieber after he had refused to haul cargo in his truck.  Truck drivers travelling on interstate highways are allowed to carry up […]

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Tags: Surface Transportation Assistance Act

DOL Orders Union Pacific Railroad to Pay Whistleblowers more than $615,000

September 9th, 2011 · No Comments

TweetThe U.S. Department of Labor used its authority under OSHA Section 11(c) of the Discrimination against Employees under OSHA Act of 1970 to order Union Pacific Railroad to pay a total of $400,000 in punitive damages, $90,315 in compensatory damages, $34,900 in attorney fees, and more than $90,000 in back wages to three whistleblowers.  Union […]

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Tags: Uncategorized

Ninth Circuit Reverses District Court Dismissal in Corinthian

September 6th, 2011 · No Comments

TweetIn U.S. ex rel. Lee v. Corinthian Colleges, The United States Court of Appeals for the Ninth Circuit reversed the District Court’s holding dismissing whistleblowers Nyoka Lee and Talala Mshuja’s False Claims Act complaint alleging Corinthian Colleges violated the Higher Education Act’s (HEA) ban on recruiter-incentive compensation.    Under the HEA, the federal government distributes funds to assist with […]

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Tags: False Claims Act