All Items: Retaliation

  • Supreme Court to Hear Internal Whistleblowing Case

    Date:
    July 7, 2017

    The US Supreme Court has agreed to hear Digital Realty Trust, Inc. v. Somers, a case that should resolve a circuit split as to whether the anti-retaliation provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) applies to internal whistleblowers.

  • 9th Circuit Decision Protects Internal Whistleblowing Under Dodd-Frank

    Date:
    March 16, 2017

    The 9th Circuit Court of Appeals has issued a decision that protects individuals who complain internally, but who do not make an external complaint to the Securities and Exchange Commission (SEC), under Dodd-Frank's anti-retaliation provision. The decision deepens an existing circuit split.

  • Whistleblowing General Counsel Wins $11 Million Against Ex-Employer

    Date:
    February 22, 2017

    A federal jury in California has awarded nearly $11 million in damages to the former general counsel of Bio-Rad Laboratories in a whistleblower lawsuit involving potential bribery in China. The jury found Sanford Wadler engaged in protected activity when he sent an internal memo calling for an investigation into possible bribery that could involve senior management.

  • OSHA Issues Resource on Best Practices in Anti-Retaliation Programs

    Date:
    January 18, 2017

    The Occupational Safety and Health Administration (OSHA) has issued its Recommended Practices for Anti-Retaliation Programs, which applies to both public and private employers. The resource is advisory only.

  • OSHA Issues Final Rule on Affordable Care Act Retaliation Complaints

    Date:
    October 17, 2016

    The Occupational Safety and Health Administration (OSHA) has issued a final rule that establishes procedures and time frames for handling whistleblower retaliation complaints under the Affordable Care Act (ACA).

  • Severance, Confidentiality Agreements Must Not Limit Whistleblower Awards, SEC Orders

    Date:
    August 17, 2016

    The Securities and Exchange Commission (SEC) has issued a cease and desist order targeting provisions in severance agreements that limit an employee's ability to cash in on a whistleblower award.

  • DOJ to Increase Civil Monetary Penalties for Immigration-Related, False Claims Violations

    Date:
    July 6, 2016

    The US Department of Justice has published an interim final rule adjusting current civil monetary penalties, which takes effect on August 1, 2016.

  • CFTC Awards $10 Million to Whistleblower

    Date:
    May 5, 2016

    The US Commodity Futures Trading Commission (CFTC) has announced an award of more than $10 million to a whistleblower. The award is the largest made by the agency to date.

  • Supreme Court Rules Against Employer in Political Speech Case

    Date:
    May 3, 2016

    The Supreme Court has ruled that a police officer demoted because his employer mistakenly believed he was campaigning for the mayor's political opponent may sue the City of Paterson, New Jersey for damages.

  • President Nominates Merrick Garland to Fill Supreme Court Vacancy

    Date:
    March 16, 2016

    President Obama has nominated DC Circuit Court of Appeals Chief Judge Merrick Garland to fill the vacant Supreme Court seat created by Justice Antonin Scalia's death. Garland is perhaps best known for overseeing the domestic terrorism prosecutions of Oklahoma City bomber Timothy McVeigh and Theodore Kazcynski, infamously known as the Unabomber. Garland has compiled an extensive record during his 19 years on the DC Circuit, including in employment law.

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News: HR guidance on the legal risks of retaliation in the workplace.