Whistleblower Law Blog

OSHA Publishes Proposed SOX Investigation Rules

November 18, 2011
Katz, Marshall & Banks Partner David J. Marshall spoke with Human Resource Executive Online ("HREO") about the Occupational Safety and Health Administration’s ("OSHA") publishing proposed rules for the handling of whistleblower investigations under the Sarbanes-Oxley Act ("SOX"), revising its Whistleblower Investigations...

Second Senior Official Blows Whistle on Washington Nuclear Site

November 15, 2011
In a development in a case we blogged about last week, a second official at the vitrification plant for the nuclear site in Hanford, WA, has filed a complaint with the Department of Labor, reports Tacoma, Washington’s The News Tribune.  Donna Busche, the plant’s manager of environmental and nuclear safety, filed a...

Administrative Review Board upholds dismissal in Blount, but is chastened by Judge Corchado's concurrence

November 4, 2011
The Administrative Review Board (“ARB”) of the Department of Labor (“DOL”), which has jurisdiction over aviation whistleblower claims, last week affirmed an Administrative Law Judge’s dismissal in a whistleblower case brought under the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (“AIR21”). AIR21 was...

Consumer Financial Protection Bureau releases to scrutinize mortgage servicers, whose employees have new CFPB whistleblower protections

October 17, 2011
The Consumer Financial Protection Bureau (“CFPB”) issued a press release Thursday in which Raj Date, acting head of the Bureau, outlined new strategies for ensuring that mortgage servicers comply with consumer-protection laws. In the release, Date described the mortgage market as having been “bogged down by widespread reports...

D.C. District Court Approves Protections for Corporate Whistleblowers Under New Contractual Theory

October 13, 2011
If misconduct reported by a corporate whistleblower represents a violation of the law, the employee may be protected against retaliation under various whistleblower statutes or a state tort claim of wrongful discharge in violation of public policy. Often, however, an employee who reports misconduct is not protected from...

Administrative Review Board decision in Vannoy v. Celanese Corp issues progressive interpretation of SOX whistleblower protection provisions.

October 11, 2011
On September 28, 2011 the Department of Labor Administrative Review Board reversed and remanded the decision of an Administrative Law Judge in Vannoy v. Celanese Corp ARB CASE NO. 09-118 concluding that it interpreted too strictly the whistleblower protection provisions of the Sarbanes-Oxley Act. The case involves...

Raj Date, acting head of the Consumer Financial Protection Bureau, outlines Bureau's new enforcement plans

September 27, 2011
In his first speech as acting head of the Consumer Financial Protection Bureau, Raj Date pointed to shortcomings in the way mortgage companies service their loans, and vowed that the bureau would use its enforcement powers to crack down on fraud. Mortgage companies such as Countrywide which practiced large scale fraud, such as...

OSHA releases newly updated manual for whistleblower retaliation investigations

September 23, 2011
The DOL’s Occupational Safety and Health Administration has released a newly updated manual for investigations of whistleblower retaliation. The manual, which replaces a previous edition from 2003, is part of a larger effort by OSHA to improve the handling of retaliation claims. OSHA is responsible for investigating employees’...

Administrative Review Board finds trucker illegally terminated for compliance with trucking safety laws and weighs in on procedure for calculating damages and back pay

September 17, 2011
The Department of Labor Administrative Review Board has affirmed the finding of an Administrative Law Judge that a trucker was illegally terminated for complying with safety provisions of the Surface Transportation Assistance Act of 1982 (STAA), though the ARB has remanded the decision to the ALJ for reconsideration of his...

Boeing SOX Whistleblowers File Supreme Court Petition

September 16, 2011
Boeing whistleblowers Nicholas P. Tides and Matthew Craig Neumann filed a petition requesting that the Supreme Court overturn a Ninth Circuit Court ruling that the Sarbanes-Oxley Act of 2002 (SOX) provisions do not protect employees who disclose information to the press. This summer the Ninth Circuit court ruled that SOX...

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