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Free Download: Keller & Heckman Whistleblower Alert-Politics and Procedures: OSHA Keeps Control and DOL Conforms Energy and Environmental Whistleblower Regulations

The Occupational Safety and Health Administration (OSHA) has published a new rule, effective January 18 th , revising the procedures for handling whistleblower claims arising under the Energy Reorganization Act (ERA) and six environmental statutes: the Safe Drinking Water Act (SDWA); Federal Water Pollution...

FINRA Arbitration Panel Awards $6.8 Million To Former Wells Fargo Broker Under New Jersey Whistleblower Law

On July 6, 2011, after an 11-day hearing, an arbitration panel of the Financial Industry Regulatory Authority, Inc. ("FINRA"), sitting in Philadelphia, Pennsylvania, awarded compensatory damages of $4,300,000 to broker Gregory P. Kipple ("the claimant broker," "the broker...

New York High Court Allows Civil Claims Against Persons Who, Intending to Blackmail or Extort, Truthfully Report to Government Wrongdoing That Is of Public Interest

In February 2012, the New York Court of Appeals - New York State's court of last resort - held that where individuals, with an intent to blackmail or extort from a wrongdoer, truthfully report, to governmental officials, wrongdoing that is of public interest, no absolute privilege shields those...

Is the NLRB In Need of a Dictionary?

A recent decision by the NLRB has many employers (and their lawyers) up in arms. It has left me wondering whether maybe the Board needs a dictionary. In Banner Health Systems , 358 NLRB 93 (2012), the Board held that an employer's instruction to employees to keep information confidential during...

Whistleblowers in Michigan: whistling in the wind?

The Whistleblowers' Protection Act ("WPA") was enacted in 1980 and requires an action to be filed within 90 days of the occurrence that is the basis of the claim. The elements of a claim are not complicated; to recover, an employee must report or be about to report; verbally or in writing;...

Department of Labor Files Suit Against Retirement Facility for Terminating Whistleblower for Reporting Bedbug Infestation

The U.S. Department of Labor has filed a whistleblower and retaliation lawsuit in the United States District Court for the Southern District of Ohio against S.E.M. Villa II Inc., a nonprofit corporation that operates S.E.M. Terrace, a retirement facility in Milford, Ohio. The lawsuit alleges that...

Third Circuit Supports Broader Access to Whistleblower Protection in Sarbanes-Oxley Cases

A federal appeals court made it easier for whistleblowers to claim protection under the Sarbanes-Oxley Act (SOX), adding dramatic weight to the U.S. Department of Labor's landmark ruling that such employees can be protected even if they fail to cite the exact rules their employer may have broken...