Whistleblower Law Blog
D.C. Circuit Case Could Redefine Employment Relationship Among Joint Employers
November 3, 2016
The U.S. Court of Appeals for the District of Columbia will soon decide whether the National Labor Relations Board (NLRB) has adopted the correct standard for determining that two business entities are joint employers for purposes of the National Labor Relations Act (NLRA). The Board has clarified that the correct test is...
SOX Whistleblower Case Reflects Trend Toward Increased Protections
October 25, 2016
Employees who believe they’ve spotted fraud or other violations of the law at their workplaces are often afraid to report these violations to their supervisors or to government agencies. While they may know about legal protections for whistleblowing, it is often more challenging for employees to determine if they are observing...
Jury Awards $250,000 in Punitive Damages in Railroad Whistleblower Case
October 18, 2016
On Sept. 15, a jury in the U.S. District Court for the Southern District of New York issued a $250,000 punitive damages award against Amtrak in a whistleblower retaliation case brought by two Amtrak employees under the Federal Railroad Safety Act (FRSA). The punitive damages award of $125,000 each for two plaintiffs far...
Politics in the Workplace: What Are Your Protections?
October 18, 2016
In an article published today for Law360, partner Debra Katz and I explained the surprising state of the law surrounding protections for employees and restrictions on employers in issues involving politics in the workplace. Particularly in today’s incredibly contentious political climate, we thought that it was...
OSHA Issues New Guidelines to Stop Employers from Barring Whistleblowing
October 11, 2016
The Occupational Safety and Health Administration (“OSHA”) has issued new whistleblower-friendly guidelines regarding the approval of settlement agreements between employees and employers arising out of retaliation complaints. OSHA guidelines in this field are important to whistleblowers, as OSHA investigates and enforces...
SOX Whistleblower Awarded $2.7 Million in Front Pay
October 3, 2016
A Sarbanes-Oxley Act (SOX) whistleblower was recently awarded $2.7 million in front pay alone after a jury determined that he had been retaliated against for opposing a publicly traded pharmacy company’s fraud against its shareholders. Combined with his $1.6 million award for back pay and other compensatory damages, the case...
U.S. Tax Court Decision Spells Big Win for IRS Whistleblowers
September 29, 2016
The IRS whistleblower program provides essential incentives to people with evidence of tax fraud to file a report with the IRS. The program allows a person to collect up to 30 percent of the amount the IRS recovers as a result of the tip she provides to the IRS, when the amount involved is over $2 million and subject to certain...
DOE Heavily Criticized in New Nuclear Whistleblower Program Audit
September 27, 2016
The Department of Energy (“DOE”) touts the importance of safety in the nuclear industry – and with good reason. The impact of a catastrophic failure at a nuclear plant can last for years and affect people who live far from a reactor. Even smaller-scale safety deficiencies can seriously harm hundreds of workers. Despite its...
OSHA Announces Pilot Program to Expedite Whistleblower Claims
September 22, 2016
When whistleblowers file a complaint with the Occupational Safety and Health Administration (OSHA), a complainant often has to wait months, or even years, to see a full resolution of his or her claims. Often, delays are a result of the volume of complaints filed – OSHA received over 3,000 whistleblower complaints...
OSHA Whistleblower Investigation Manual Changes Could Benefit Employees
September 13, 2016
The 2016 update to the Whistleblower Investigations Manual used by the Occupational Safety and Health Administration (OSHA) could prove to be a much-needed boon to employees across the country. As many readers of this blog know, OSHA is responsible for enforcing provisions in over 20 separate federal statutes that provide...
