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Entries Tagged as 'Department of Labor ARB'

ARB Makes It Harder to Justify Firing Nuclear Whistleblower

May 15th, 2014 · No Comments

TweetThe U.S. Department of Labor’s Administrative Review Board (ARB) once again extended a long-running whistleblower case, clarifying the high standard an employer must meet to avoid liability for firing an employee who expressed safety concerns in a nuclear plant.

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Tags: Department of Labor ARB · Retaliation · Whistleblower Protection · Wrongful Discharge

ARB Affirms Punitive Damages for Two Whistleblowers

April 3rd, 2014 · No Comments

TweetThe U.S. Department of Labor’s Administrative Review Board (ARB) affirmed judgments against two transportation companies that fired employees who had reported health and safety issues — confirming in each case that the violation was grievous enough to trigger punitive damages.

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Tags: Department of Labor ARB · Federal Rail Safety Act · Surface Transportation Assistance Act

The Top Ten Whistleblower Decisions of 2013: Part 1

January 14th, 2014 · No Comments

TweetFor whistleblowers and their advocates, 2013 was a whipsaw year: Big advances followed sharp letdowns in quick rotation — sometimes from the same source. (Ahem, Supreme Court and White House.) Plus there was the Snowden sideshow. But since NSA leaker Edward Snowden was never a real whistleblower — he acted outside the law and fled […]

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Tags: Department of Labor ARB · Dodd-Frank Act · False Claims Act · SEC Whistleblower · Securities Fraud · The Employment Law Group, P.C.

Justices Seek Middle Ground in Whistleblower Case

November 20th, 2013 · No Comments

TweetNOTE: A version of this post first appeared on Law360.com.  The author, R. Scott Oswald, was counsel of record on an amicus curiae brief filed in this case. In oral arguments for the first whistleblower case they have heard under the Sarbanes-Oxley Act (SOX), justices of the U.S. Supreme Court quickly locked onto the important […]

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Tags: Department of Labor ARB · Retaliation · Sarbanes-Oxley · United States Department of Labor · Whistleblower Protection

ARB: Whistleblower Must Be Rehired — Even If Job No Longer Exists

September 23rd, 2013 · No Comments

TweetThe U.S. Department of Labor’s Administrative Review Board (ARB) ordered the Mayo Clinic to rehire a mail truck driver it had removed for whistleblowing, despite the medical group’s protest that his job no longer exists — and that giving him a different job would require a promotion.

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Tags: Department of Labor ARB · Retaliation · Surface Transportation Assistance Act

ARB: Whistleblower Can Get Back Pay Even for Time in College

September 9th, 2013 · No Comments

TweetThe U.S. Department of Labor’s Administrative Review Board (ARB) ruled that a whistleblower who was illegally forced out of his truck-driving job could claim back pay even for time he spent as a full-time college student.

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Tags: Department of Labor ARB · Retaliation · Surface Transportation Assistance Act

Judge: Whistleblower’s Removal of Internal Documents Was Protected Under SOX

August 19th, 2013 · No Comments

TweetAn administrative law judge at the U.S. Department of Labor ruled that a whistleblower’s duplication and removal of confidential information from his employer was a protected activity under the Sarbanes-Oxley Act (SOX) — and that it was neither unlawful nor a valid reason for firing, as his employer had claimed.

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Tags: Department of Labor ARB · IRS Whistleblower Reward Program · Retaliation · Sarbanes-Oxley · United States Department of Labor · Whistleblower Protection

Sides Warm Up For SOX Case at the Supreme Court

August 9th, 2013 · No Comments

TweetArguments are shaping up for the U.S. Supreme Court’s hearing of its first whistleblower case brought under the Sarbanes-Oxley Act (SOX): This week, employee advocates filed an amicus curiae brief for the National Employment Lawyers Association (NELA) and the Government Accountability Project (GAP). The brief was drafted, in part, by The Employment Law Group, P.C.

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Tags: Department of Labor ARB · Sarbanes-Oxley · United States Department of Labor · Whistleblower Protection

Tenth Circuit Gives Another Win to Sarbanes-Oxley Whistleblowers

June 5th, 2013 · No Comments

TweetAnother federal appeals court has supported the U.S. Department of Labor in its move toward a more employee-friendly reading of the Sarbanes-Oxley Act (SOX), holding that the law protects whistleblowers who flag any SOX-related wrongdoing — not just fraud against shareholders.

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Tags: Department of Labor ARB · Retaliation · Sarbanes-Oxley · Whistleblower Protection

ARB Again Holds that SOX Protects Employees Who Warn of Future Wrongdoing

May 29th, 2013 · No Comments

TweetThe U.S. Department of Labor’s Administrative Review Board (ARB) upheld all aspects of a $1.2 million award to a whistleblower in a retaliation case under the Sarbanes-Oxley Act (SOX), echoing a recent Third Circuit decision and lending further authority to the ARB’s landmark Sylvester decision from 2011. In Barrett v. e-Smart Technologies Inc., the ARB […]

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Tags: Department of Labor ARB · Retaliation · Sarbanes-Oxley

Supreme Court Takes a SOX Case — But What’s Its Agenda?

May 23rd, 2013 · No Comments

TweetThe U.S. Supreme Court has agreed to hear its first retaliation case brought under the whistleblower provisions of the Sarbanes-Oxley Act (SOX). The Court put Lawson v. FMR LLC on its docket for the term that begins in October 2013.

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Tags: Department of Labor ARB · Sarbanes-Oxley · United States Department of Labor · Whistleblower Protection

ARB Upholds Retaliation Award, Shows Broad Support for Punitive Damages

April 22nd, 2013 · No Comments

TweetThe U.S. Department of Labor’s Administrative Review Board (ARB) upheld a punitive-damages award of $100,000 in a truck driver’s retaliation case against UPS, flagging its broader reluctance to reject as excessive any punitive award under the Surface Transportation Assistance Act (STAA).

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Tags: Department of Labor ARB · Retaliation · Surface Transportation Assistance Act

Conrail Must Reinstate Conductor While Appealing Retaliation Verdict, ARB Rules

April 17th, 2013 · No Comments

TweetThe U.S. Department of Labor’s Administrative Review Board (ARB) refused to delay the reinstatement of a train conductor who was fired after repeatedly reporting safety violations.

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Tags: Department of Labor ARB · Federal Rail Safety Act · Retaliation

Menendez Redux: Halliburton Whistleblower Finally Gets Retaliation Award

April 15th, 2013 · No Comments

TweetThe U.S. Department of Labor’s Administrative Review Board (ARB) revisited a long-running case, once again ruling against Halliburton, the oilfield services giant, for retaliating against a whistleblower who reported accounting irregularities to the U.S. Securities and Exchange Commission (SEC). The ARB awarded financial executive Anthony Menendez $30,000 in damages, plus costs and lawyers’ fees.

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Tags: Department of Labor ARB · Sarbanes-Oxley · SEC Whistleblower

Department of Labor’s Administrative Review Board (ARB) Expands Procedural Protections for Whistleblowers by Adopting “Fair Notice” Pleading Standard for Assessing OSHA Whistleblower Complaints

August 30th, 2012 · No Comments

TweetLast month, in Evans v. United States Environmental Protection Agency, ARB No. 08-059, ALJ No. 2008-CAA-3 (ARB July 31, 2012), the Administrative Review Board (ARB) of the U.S. Department of Labor issued a decision rejecting heightened pleading standards previously announced by the U.S. Supreme Court in favor of a lower pleading standard for whistleblower complaints […]

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Tags: Department of Labor ARB · OSHA Whistleblower Protection Program · United States Department of Labor

Department of Labor’s Administrative Review Board Reverses Administrative Law Judge’s Ruling in Favor of Nuclear Whistleblower and Client of The Employment Law Group®

July 9th, 2012 · No Comments

TweetThe U.S. Department of Labor’s Administrative Review Board (ARB) recently issued a decision in favor of William Smith, a client of The Employment Law Group® law firm and whistleblower at a nuclear power facility in South Carolina.  In the case, Smith v. Duke Energy Carolinas, LLC & Atlantic Group, d/b/a DZ Atlantic, Mr. Smith claimed […]

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Tags: Department of Labor ARB · Nuclear Regulatory Commission · The Employment Law Group, P.C. · United States Department of Labor

Sarbanes-Oxley Compliance Journal Publishes Article by The Employment Law Group® Managing Principal, R. Scott Oswald

April 30th, 2012 · No Comments

TweetAccording to The Employment Law Group® law firm’s managing principal, R. Scott Oswald, “2011 marked a sea change for whistleblowers at the Department of Labor’s Administrative Review Board (ARB).”  The Sarbanes-Oxley Compliance Journal recently published an article by Mr. Oswald which discusses the impact of recent ARB decisions on whistleblower protection and describes why “2011 was […]

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Tags: Department of Labor ARB · Dodd-Frank Act · Sarbanes-Oxley · The Employment Law Group, P.C.

Department of Labor Thanks The Employment Law Group® for its Input on the OSHA’s Whistleblower Program Restructuring Project

March 29th, 2012 · No Comments

TweetIn detailing its recent announcement of a major restructuring of the Occupational Safety and Health Administration’s (OSHA) Office of the Whistleblower Protection Program, the U.S. Department of Labor thanked The Employment Law Group® for its input in the program restructuring project. The acknowledgement came in a Department of Labor report entitled “OSHA’s Whistleblower Protection Program […]

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Tags: Department of Labor ARB · The Employment Law Group, P.C.

Department of Labor Administrative Review Board Decision Limits Sarbanes-Oxley Retaliation Protections for Foreign Whistleblowers

February 7th, 2012 · No Comments

TweetOn December 22, 2011, the Department of Labor’s Administrative Review Board (ARB) issued a 3-2 en banc decision that limits the application of the Sarbanes-Oxley Act (SOX) outside of the United States. The case, Villanueva v. Core Laboratories, ARB No. 09-108, ALJ No. 2009-SOX-006 (ARB December 22, 2011), centered around a whistleblower complaint filed by […]

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Tags: Department of Labor ARB · Dodd-Frank Act · Sarbanes-Oxley · The Employment Law Group, P.C.

Summary Decision Overturned for Whistleblower in Failure to Hire Case

August 2nd, 2011 · No Comments

TweetIn Hasan v. Enercon Services, Inc., the Department of Labor’s Administrative Review Board (ARB) overturned a summary decision order in favor of whistleblower Syed Hasan who alleges that Enercon Services, Inc. refused to hire him because he is a whistleblower. Hasan is a structural engineer who was previously discriminated against by his former employer, American […]

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Tags: Department of Labor ARB · Federal Whistleblower Legislation · United States Department of Labor · Whistleblower Protection Act