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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 […]
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 […]
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 […]
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 […]
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 […]
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 […]