Whistleblower Law Blog

Whistleblower Complaint Taking Too Long? Try Kicking It Out

May 5, 2016
Too often, complaints filed under federal whistleblower statutes languish in a protracted investigative phase long before the relevant federal agency issues a determination as to the employees’ claims. While control over federal whistleblower investigations remains in the hands of the investigating federal agency, many federal...

Report Shows Rise in Whistleblower Activity

May 3, 2016
Many organizational leaders would agree that it is critical for them to learn of potential violations of law or regulations within the organization as soon as possible so that they may address them and move the organization forward. Many would also prefer to learn of potential violations from the employees who discover them,...

How Should Courts Calculate FCA Double Back Pay Awards?

April 29, 2016
A recent False Claims Act decision from the Eastern District of New York held that whistleblowers are entitled to double back pay before the court subtracts their earnings from new employment. The New York court’s decision in United States v. Americare, Inc., No. 06-CV-1806 (FB) (PK), 2016 WL 1237385 (E.D.N.Y. Mar. 28, 2016),...

Recent Decision Shows Employer's Small Acts Can Add Up to Retaliation

April 26, 2016
How badly does an employer have to treat an employee before its conduct is considered retaliatory under the False Claims Act (FCA)? That was the question before a federal court in Difiore v. CSL Behring, U.S., LLC, No. CV 13-5027, 2016 WL 1073115 (E.D. Pa. Mar. 17, 2016), a recent case involving an employee who raised concerns...

HIPAA Exceptions: How Healthcare Workers Can Blow the Whistle

April 7, 2016
The Health Insurance Portability and Accountability Act (HIPAA) is a ubiquitous statute affecting the healthcare industry. The average consumer has likely heard of HIPAA and understands that it protects their personal medical information – and almost certainly has signed away some of those privacy rights through myriad consent...

CFTC Issues $10M Whistleblower Award

April 6, 2016
The U.S. Commodity Futures Trading Commission (CFTC) Whistleblower Office announced on April 4, 2016, that it would issue an award of more than $10 million to a whistleblower whose information led to a successful CFTC enforcement action.  The award was the largest the agency has ever issued.  The recipient of the...

Are AIR21 Whistleblowers Subject to Mandatory Arbitration Agreements?

April 5, 2016
A study released in December 2015 by the Economic Policy Institute (EPI) confirmed what employment law practitioners have always known to be true: Employees who are forced to submit to binding arbitration to resolve their employment claims win less often and receive much lower damages than employees who are able to pursue their...

AIR21 Whistleblower Wins Claim Against Southwest Airlines

March 31, 2016
The Department of Labor (DOL) recently ruled on a retaliation complaint in the airline industry that resulted in stronger protections for whistleblowers in the aviation industry. The matter involves Jeffrey Bondurant, who worked as a Cargo Customer Service Manager at Southwest Airlines. On three occasions between 2010 and 2012...

What does “Successful Enforcement” Mean: Understanding the CFTC’s Terminology

March 30, 2016
The CFTC’s commitment to curbing commodity futures trading violations is exemplified by its Whistleblower Program: when a whistleblower provides original information that leads to a successful investigation and results in sanctions over $1,000,000, she is entitled to a percentage of that award.  Though this is an...

FRSA Whistleblower Scores Win Despite Possible Wrongdoing

March 29, 2016
The following scenario should be familiar to railroad employees: An employee sustains a workplace injury; the employee reports the workplace injury to the railroad; the railroad conducts an investigation into the injury; the railroad concludes that the employee’s statements about the injury are false or misleading; and the...

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