Tag: Whistleblower Protections

Recent Pandemic Decisions Embolden NLRB, OSHA Collab

The COVID-19 pandemic wreaked havoc on employers’ balancing of in-person policy with potential health risks, and recent court decisions have highlighted the National Labor Relations Board’s (NLRB) and Occupational Safety and Health Administration’s (OSHA) concerted collaborative efforts in protecting whistleblowing employees speaking out about on-the-job safety. NLRB, OSHA Doubling Down on Workplace Protections Top officials […]

Alleged Whistleblower Must Only Prove Protected Activity Was ‘Contributing Factor’

On February 8, 2024, the Supreme Court of the United States (SCOTUS) found that former employees who filed a federal whistleblower retaliation claim under the Sarbanes-Oxley Act (SOX) must only show the protected activity was a “contributing factor” to the employer’s adverse employment decision. Significantly, the Court found whistleblowers need not show “retaliatory intent”—in contrast […]

U.S. Supreme Court Sides with SOX Whistleblower in Murray v. UBS Securities

On February 8, 2024, the U.S. Supreme Court unanimously decided that an employee who blows the whistle under the Sarbanes-Oxley Act of 2002 (SOX) does not need to show that their employer had retaliatory intent to find protection under SOX. In siding with the whistleblower, Trevor Murray, the Court rejected UBS Securities, LLC’s position that […]

Whistleblower Retaliation Burdens of Proof: Murray v. UBS Securities

On May 1, the Supreme Court granted certiorari in Murray v. UBS Securities. Murray is a whistleblower retaliation case brought under the Sarbanes Oxley Act (SOX).  Plaintiff Trevor Murray alleges he was terminated in retaliation for raising concerns to his supervisor about his employer (UBS) committing fraud on shareholders. The jury delivered a $1 million […]

Circumstantial Evidence Can Prove Retaliatory Anti-Whistleblower Motive

Wrongful termination suits often rely on proof of motive—did the employer terminate the employee for an unlawful reason? But employers that act for illegal motives aren’t likely to admit it, so the law has established ways to prove unlawful motives through circumstantial evidence. But there is more than one formula for that proof, depending on […]

‘Play or pay’ and whistleblower protections under healthcare reform

by Timothy P. Brechtel and Ricardo X. Carlo As if you didn’t have enough to worry about as healthcare reform heads toward full implementation in 2014, the new whistleblower protection provisions of the Affordable Care Act (ACA) may present a trap for unsuspecting employers looking to cut costs by tweaking their workforces. Under ACA Section […]

Increased Enforcement of Labor Laws a Top Priority for Obama Administration

One of the clearest indications of an administration’s priorities is the budget and the amount of funding provided to various programs. Budgets always have winners and losers and reflect the degree to which programs will be implemented. A review of President Barack Obama’s proposed budget and recent agency actions demonstrates that increased enforcement of labor […]

Legislation Special Report: Empoyee Complaints And Lawsuits

Employee Enforcement of Labor Code Under SB 796, which has been dubbed the “bounty-hunter law,” employees may file private lawsuits against their employers, on behalf of themselves and other employees, for labor code violations when the responsible state agency doesn’t pursue the violations. The law provides employees with various financial incentives to file suit, as […]