Whistleblower Watch

Whistleblower Watch

Reports and Analysis of Developments in Whistleblower Law

Category Archives: Department of Labor (DOL)

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Senate Passes Whistleblower Protection (Again)

Posted in Department of Justice (DOJ), Department of Labor (DOL), Whistleblower Retaliation
Last week, the Senate passed legislation to extend whistleblower protections to employees that provide information to federal prosecutors related to criminal violations of antitrust law. As we reported last month, the Criminal Antitrust Anti-Retaliation Act of 2015 (“CAARA”) would protect covered employees from retaliation, and allow them to file complaints with the Secretary of Labor.… Continue Reading

Third Time’s a Charm? Senators Revive Legislation to Protect Whistleblowers in Criminal Antitrust Cases

Posted in Department of Justice (DOJ), Department of Labor (DOL), Whistleblower Retaliation
U.S. Senators Chuck Grassley (R-Iowa) and Patrick Leahy (D-Vermont) recently reintroduced legislation to extend whistleblower protections to employees who provide information to the Department of Justice related to criminal antitrust violations.  If passed, the Criminal Antitrust Anti-Retaliation Act of 2015 (“CAARA”) would protect employees who report such violations from retaliation (such as discharge, demotion, suspension, threats,… Continue Reading

Update: Fifth Circuit Rejects En Banc Rehearing of Halliburton Decision

Posted in Department of Labor (DOL), Internal Investigations, Sarbanes-Oxley Act (SOX), Whistleblower Retaliation
On March 11, 2015, the Fifth Circuit voted 8-7 against rehearing en banc the court’s November decision in Halliburton Co. v. Administrative Review Board. Three Fifth Circuit judges wrote a dissenting opinion, contending that the court should have heard the appeal en banc in order to provide greater clarification and guidance on what types of… Continue Reading

4th Circuit Grants Emotional Distress Damages in SOX Case; Applies Four-Year Statute of Limitations to SOX Claims

Posted in Department of Labor (DOL), Sarbanes-Oxley Act (SOX), Whistleblower Retaliation
The Fourth Circuit just joined two of its sister Circuits and the Administrative Review Board (ARB) of the U.S. Department of Labor in granting emotional distress damages to a SOX whistleblower. In the same case, the Fourth Circuit also applied a four year statute of limitations to bring SOX claims in federal court after exhausting… Continue Reading

Disclosure of Whistleblower’s Name, Alone, May Be Adverse Employment Action

Posted in Department of Labor (DOL), Internal Investigations, Sarbanes-Oxley Act (SOX), Whistleblower Retaliation
The Fifth Circuit recently affirmed that identifying a complaining employee while requesting that employees preserve documents for an SEC investigation was a “materially adverse” action under the anti-retaliation provisions of the Sarbanes-Oxley Act. The issue in Halliburton, Inc. v. Administrative Review Board, U.S. Dep’t of Labor arose when Halliburton employee Anthony Menendez made a confidential… Continue Reading