The Administrative Review Board (ARB) of the Department of Labor (DOL) recently ruled that a transportation worker’s general complaint that a vehicle is unsafe will not constitute protected activity under federal law. In...
Under the SEC’s whistleblower program, established in 2011, a whistleblower who reports misconduct to the SEC can receive an award of between 10 percent and 30 percent of the money collected as a result of the SEC’s...
Since 1999, when the Supreme Court first created an affirmative defense for supervisory harassment that required employers to prove that they have effective policies and procedures in place to respond to complaints of...
Congress Aims to Strengthen Federal Employee Whistleblower Protections under New Administration
March 28, 2017
Amid reports that the Trump administration is silencing dissent in the executive branch, it may be surprising to learn that protections for federal whistleblowers could soon be expanding significantly. In November 2016, the...
Federal Agencies Reiterate that Anti-Retaliation Statutes Protect Workers Regardless of Immigration Status
March 23, 2017
On January 10, the Equal Employment Opportunity Commission (EEOC), Department of Labor (DOL) and National Labor Relations Board (NLRB) issued a joint fact sheet explaining that employees are protected from retaliation for...
DOL Sues Oracle for Bias Against Women and Minorities
March 21, 2017
The U.S. Department of Labor (“DOL”), through its Office of Federal Contract Compliance Programs (“OFCCP”), has filed a lawsuit against Oracle America Inc., a large California-based technology firm that designs,...
Sixth Circuit Sidesteps Whether Whistleblowers Need to Tip Off Regulators to Receive Protections Under Dodd-Frank
March 20, 2017
The Sixth Circuit recently had an opportunity to weigh in on a question that has vexed federal courts for almost six years: whether the protections against retaliation provided in the Dodd-Frank Act extend to whistleblowers...
Whistleblowing Attorney Can Use Privileged Information as Evidence in Retaliation Case, Court Rules
March 3, 2017
When an in-house attorney’s duty of confidentiality to a company seems to conflict with whistleblower protections, which rules prevail? In a December 2016 decision in Wadler v. Bio–Rad Laboratories, Inc., a California...
IRS Whistleblower Office Has Record Year, According to Annual Report
February 28, 2017
In 2016, the Internal Revenue Service (“IRS”) whistleblower reward program marked its 10th anniversary. The program has helped ensure that businesses and wealthy individuals pay their fair share of taxes by rewarding...
Third Circuit Decision Creates Split on Important ADEA Issue
February 23, 2017
The federal Age Discrimination in Employment Act (ADEA) prohibits age discrimination against individuals who are 40 or older, granting important protections to millions of American workers. Since the ADEA’s enactment in...