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 [...]
Entries Tagged as 'United States Department of Labor'
November 20th, 2013 · No Comments
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.
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.
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.
May 7th, 2013 · No Comments
TweetThe U.S. Court of Appeals for the Third Circuit won’t grant an en banc review of an earlier panel decision that made it easier for whistleblowers to claim protection under the Sarbanes-Oxley Act (SOX). As a result, SOX whistleblowers in that jurisdiction — which includes Pennsylvania and Delaware — now are shielded from retaliation as [...]
March 20th, 2013 · No Comments
TweetA federal appeals court made it easier for whistleblowers to claim protection under the Sarbanes-Oxley Act (SOX), adding dramatic weight to the U.S. Department of Labor’s landmark ruling that such employees can be protected even if they fail to cite the exact rules their employer may have broken. Instead, workers may simply show that they [...]
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 [...]
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 [...]
OSHA Announces Restructuring of Whistleblower Program to Increase Priority Status of Whistleblower Enforcement
March 15th, 2012 · No Comments
TweetLast week, the Department of Labor’s Occupational Safety and Health Administration (OSHA) announced a major restructuring of its Office of the Whistleblower Protection Program. As a result of the changes, the Program will now report directly to OSHA’s Office of the Assistant Secretary instead of to its Directorate of Enforcement Programs. The result of this [...]
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 [...]