Labor and Employment Law

Recent Posts

Hold the Whistle: The Status of the Contract Employee Without a Contract
Posted on 1 May 2014 by John Holmquist

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... 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

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

Supreme Court Hears Whistle-Blower Appeal Oral Arguments
Posted on 13 Nov 2013 by Bajeerah LaCava

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... Read More

The Whistleblower and At Will Employment: Timing Is Not Everything
Posted on 30 Jan 2014 by John Holmquist

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... Read More

The Joy of SOX: What Employee Activity Is "Protected"?
Posted on 19 Mar 2014 by Robin Shea

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... Read More

SCOTUS on Whistleblowers and Regulations
Posted on 23 Jan 2015 by Philip Miles

Earlier this week, the Supreme Court issued its opinion in DHS v. MacLean [lexis.com subscribers may access Supreme Court briefs and an enhanced opinion for this case]. In 2003 (sometimes these case take a while to unfold!), a federal air marshal received... Read More

Split U.S. Supreme Court: Contractors, Subcontractors Protected Under Sarbanes-Oxley
Posted on 4 Mar 2014 by Bajeerah LaCava

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... Read More

Sixth Circuit: Reasonable Belief About Unlawful Conduct Enough for SOX Retaliation
Posted on 1 Jun 2015 by Jon Hyman

It’s hard to imagine that in the eight-plus years I’ve written this blog, there is any area of employment law that on which I have not yet touched—except, I think, the Sarbanes-Oxley Act. Today, that changes. For the uninitiated, Sarbanes... Read More

Justices Balk at Regulatory End Run Around the WPA
Posted on 13 Nov 2014 by The Employment Law Group

NOTE: A version of this post first appeared on Law360.com . The author, R. Scott Oswald , is managing principal of The Employment Law Group, P.C. Here’s the problem with telling the justices of the U.S. Supreme Court that they’re wrong... Read More

What Are the Elements of a New Jersey Conscientious Employee Protection Act Claim?
Posted on 26 Oct 2015 by David S. Rich

The New Jersey Conscientious Employee Protection Act, N.J.S.A. §§ 34:19-1 – 34:19-8 (“NJ CEPA”), prohibits all public and private employers from retaliating against employees who disclose, object to, or refuse to participate... 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

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

More Time for Michigan Whistleblowers?
Posted on 30 Jul 2014 by John Holmquist

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... Read More

Whistleblowers and Procedural Fairness: Why Employers Should Care
Posted on 4 Apr 2014 by Lorene Schaefer

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”... Read More