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Entries Tagged as 'Department of Labor ARB'

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