Labor and Employment Law

Recent Posts

Whistleblowing in Michigan: the Michigan Supreme Court Goes on the Record
Posted on 14 Feb 2013 by John Holmquist

To say that employees have had a difficult time in pursuing claims under the Michigan Whistleblowers' Protection Act would be an understatement. I did an article on the court of appeals' decisions, the vast majority of which are unpublished... Read More

A Whistleblower's Odyssey in Michigan
Posted on 25 Nov 2014 by John Holmquist

Bruce Whitman was the police chief for the city of Burton. His odyssey began in 2007 when he was not reappointed as the police chief in November of 2007. He filed suit under Michigan's Whistleblowers Protection Act alleging that he engaged in protected... Read More

Foley & Lardner Labor and Employment Law Weekly Update (Week of January 23, 2012)
Posted on 24 Jan 2012 by Foley & Lardner LLP

In a Landmark Decision, the Supreme Court Exempts "Churches" From Most Employment Discrimination Statutes Affecting "Ministers" by Gregory W. McClune The First Amendment of the United States Constitution ( U.S. Const. amend... Read More

U.S. Supreme Court: Air Marshal’s Disclosure to Media Not Barred by Law
Posted on 21 Jan 2015 by Bajeerah LaCava

WASHINGTON, D.C. — A split U.S. Supreme Court this morning ruled that a former federal air marshal’s disclosure of information about canceled missions to the media was not “prohibited by law” ( Department of Homeland Security v... Read More

Supreme Court Will Decide Whether Sarbanes-Oxley Whistleblower Protections Extend to Employees of Private Companies
Posted on 15 Jul 2013 by Darrell VanDeusen & Kelly Hoelzer Lovett

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... Read More

Obama’s Budget Plan: Protect IRS Whistleblowers from Retaliation
Posted on 16 Apr 2013 by The Employment Law Group

President Obama's proposed budget for fiscal 2014 includes good news for whistleblowers: Under his plan, the law finally would protect people who report tax cheats to the U.S. Internal Revenue Service (IRS). Although the IRS Whistleblower Program... Read More

Whistleblower Alert: Internal Complaints Are Protected Whistleblower Activity, ARB Affirms
Posted on 11 Feb 2011 by Keller and Heckman LLP

The Administrative Review Board (ARB), under the substantial evidence standard, has upheld the ruling of an Administrative Law Judge (ALJ) that Domino's Pizza violated the whistleblower provisions of the Surface Transportation Assistance Act when... Read More

Whistleblower Alert: Internal Complaints Are Protected Whistleblower Activity, ARB Affirms
Posted on 11 Feb 2011 by Keller and Heckman LLP

The Administrative Review Board (ARB), under the substantial evidence standard, has upheld the ruling of an Administrative Law Judge (ALJ) that Domino's Pizza violated the whistleblower provisions of the Surface Transportation Assistance Act when... Read More

Barran Liebman Alert: Department of Labor Affirms that Disclosing the Identity of a Whistleblower can be Costly for Employers
Posted on 28 Mar 2013 by Barran Liebman LLP

On March 15, 2013, the Department of Labor's Administrative Review Board ("DOL") reminded employers about the costly consequences of identifying a whistleblower when it affirmed a $30,000 award against Halliburton, Inc. In Menendez... Read More

NJ Supreme Court: Whistleblower Law Protects Watchdog Employees Too
Posted on 31 Jul 2015 by Eric Meyer

Can a person whose job is to ensure that the company follows a particular standard of care; i.e., a watchdog employee, bring an action against the company under New Jersey’s Conscientious Employee Protection Act (CEPA), the state’s whistleblower... Read More

Fulbright's 9th Annual Litigation Trends Survey: Litigation Bounces Back; Regulation Hits High
Posted on 26 Feb 2013 by Norton Rose Fulbright

Companies in the United States and United Kingdom dealt with more litigation while regulatory investigations reached a five-year high, according to Fulbright's 9 th Annual Litigation Trends Survey . After a one-year decline, litigation rose to... Read More

OSHA Encourages Nationwide Adoption of “Early Resolution” ADR in Whistleblower Cases
Posted on 15 Oct 2015 by The Employment Law Group

On August 18, 2015, the Occupational Safety and Health Administration released a directive to its regional offices to adopt “early resolution” alternative dispute resolution in whistleblower cases. The directive follows a successful pilot... Read More

Whistleblowing Rutgers Style
Posted on 17 Apr 2013 by John Holmquist

One of the more intriguing aspects of the Rutgers' termination of basketball coach Mike Rice are reports , like the New York Times story, that the FBI is investigating the former assistant who released the video of the conduct that led to Rice's... Read More

How Much Is Your Emotional Distress Worth?
Posted on 20 Mar 2013 by Lee Berlik

Federal laws protect whistleblowers from retaliation because the government wants people to report fraud in government contracts. When Weihua Huang, a principal investigator on a National Institutes of Health (NIH) research grant at the University... Read More

Foley & Lardner Labor and Employment Law Weekly Update (Week of February 13, 2012)
Posted on 15 Feb 2012 by Foley & Lardner LLP

Appeals Court Finds Employer Liable for Supervisor's Same-Sex Sexual Harassment by Ryan N. Parsons A recent case reminds us to take all claims of sexual harassment seriously, including when the two employees are of the same sex. In Cherry... Read More