Supreme Court Will Decide Whether Sarbanes-Oxley Whistleblower Protections Extend to Employees of Private Companies

Excerpt: More than a decade after passage of the Sarbanes-Oxley Act (SOX), the Supreme Court will hear its first case interpreting provisions of the statute. In Lawson v. FMR LLC , the Court will address whether SOX's whistleblower protections apply to employees of private contractors or subcontractors...

Supreme Court Hears Whistle-Blower Appeal Oral Arguments

WASHINGTON, D.C. — (Mealey’s) The whistle-blower protection provision of the Sarbanes-Oxley Act protects both contractors and subcontractors working for private companies employed by public companies, the attorney representing two workers told the U.S. Supreme Court in oral arguments Nov...

The Whistleblower and At Will Employment: Timing Is Not Everything

One of the cardinal rules for employers is the documentation of performance issues. Advise the employee of the issue, and document the conversation and what was discussed. A lack of documentation, although not advisable, is not necessarily fatal as was recently shown in an unreported Michigan court of...

Split U.S. Supreme Court: Contractors, Subcontractors Protected Under Sarbanes-Oxley

WASHINGTON, D. C. — (Mealey’s) The whistle-blower protection provision of the Sarbanes-Oxley Act (SOX) protects “employees of private contractors and subcontractors, just as it shelters employees of the public company served by the contractors and subcontractors,” a split U.S...

The Joy of SOX: What Employee Activity Is "Protected"?

Now that the Supreme Court has decided that the retaliation provisions of the Sarbanes-Oxley Act apply, not only to employees of publicly-held companies, but also to employees of contractors who do work for publicly-held companies , I thought it might be helpful to review exactly what type of activity...

Whistleblowers and Procedural Fairness: Why Employers Should Care

The United States Supreme Court’s March 4, 2014 decision in Lawson v. FMR LLC [ an enhanced version of this opinion is available to lexis.com subscribers ] not only expanded the whistle-blower coverage under the Sarbanes-Oxley Act of 2012 (“SOX”), it also stoked fears that a new wave...

One for the Whistleblower

The Michigan Court of Appeals historically has not been a good place for plaintiffs who sue under Michigan's Whistleblowers' Protection Act. When a decision goes in favor of a plaintiff, it is worth noting, even if the decision is per curiam and unreported. In Williamson v. G & K Management...

Hold the Whistle: The Status of the Contract Employee Without a Contract

In Wurtz v. Beecher Metropolitan District, 2014 Mich. LEXIS 643 [ an enhanced version of this opinion is available to lexis.com subscribers ], the Michigan Supreme Court reversed the court of appeals, holding that the failure to renew the contract for a fixed term employee satisfies the Michigan's...

More Time for Michigan Whistleblowers?

Under Michigan's Whistleblowers' Protection Act, a claim must be brought within 90 days of the occurrence. This is a comparatively short limitations period. Recently, however, the NLRB and OSHA entered into a memorandum of understanding(OM 14-60, 5/21/14) that provides that persons with a claim...