|
Category: Disability, Accommodations, and Leaves

Proposed FY27 Budget Would Move VEVRAA And Section 503 Enforcement To New DOL Civil Rights Office

The White House has proposed creating an Office of Civil Rights at the Labor Department to enforce Section 503, VEVRAA, and most whistleblower laws. The President’s proposed FY 2027 budget, which was submitted to Congress April 3, would transfer enforcement of Section 503 of the Rehabilitation Act and the Vietnam Era Veterans’ Readjustment Assistance Act to DOL’s new Office of...
|
Category: Whistleblowing and Retaliation

DOL ARB – “Any Person” May File A TFA Whistleblower Complaint

“Any person” may timely initiate a whistleblower retaliation complaint under the Taxpayer First Act and similar whistleblower laws, the Labor Department’s Administrative Review Board has ruled. In Barhaghi v. OB/GYN Affiliates & Prosum, the ARB reversed an administrative law judge’s dismissal of a Taxpayer First Act (TFA) retaliation complaint. The ALJ held that Barhaghi’s complaint was untimely, even though Barhaghi’s...
|
Category: Whistleblowing and Retaliation

CWC’s Updated Anti-Retaliation Communications Template

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has refreshed its Anti-Retaliation Communications Template. CWC’s updated template offers employers a modernized example to guide managers and supervisors when an employee files a retaliation complaint. Retaliation allegations appear in approximately half of all EEOC and state agency charges. Employers can reduce their legal risk and reinforce their organizational culture...
|
Category: Agency Enforcement

National Highway Traffic Safety Administration Finalizes New Bounty Hunter Program

The National Highway Traffic Safety Administration has published a final rule implementing its bounty hunter program. The rule provides that NHTSA may pay a monetary award to a whistleblower who provides original information that leads to the successful resolution of an enforcement action for violations of laws related to the manufacture or sale of motor vehicles and motor vehicle equipment. The...
|
Category: Retaliation

DOJ Launches New Corporate Whistleblower Awards Pilot Program

The U.S. Department of Justice (DOJ) has rolled out a pilot program that provides cash bounties to corporate whistleblowers who are not otherwise eligible for cash awards under existing federal whistleblower laws. DOJ officially launched the program, dubbed the Corporate Whistleblower Awards Pilot Program, on August 1, 2024. It is scheduled to run for three years. Under the program, individuals reporting...
|
Category: Regulatory Guidance/Interpretation

New Guidance From CFPB Asserts Confidentiality Agreements Can Violate Whistleblower Laws

The Consumer Financial Protection Bureau (CFPB) has issued guidance stating that broadly-worded confidentiality or nondisclosure agreements (NDAs) may violate federal whistleblower laws by unlawfully deterring employees from exercising their whistleblower rights. Employers that require employees and former employees to sign broad confidentiality or nondisclosure agreements in return for a separation agreement or continued employment risk being found in violation of...
|
Category: Legislation

Congress Adds Whistleblower Protection Penalties for Aviation-Safety-Related Complaints

Congress has added substantial monetary penalties as a remedy for whistleblower retaliation related to aviation safety violations. The penalties appear in the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21), which protects employees, contractors, and subcontractors of air carriers from retaliation for reporting aviation safety violations. The legislation, which Congress approved in May 2024 to reauthorize the...
|
Category: Agency Enforcement

DOJ Announces New “Bounty Hunter” Pilot Program for Corporate Whistleblowers

The U.S. Department of Justice (DOJ) will launch a pilot program later this year that will award monetary bounties to corporate whistleblowers that are not otherwise eligible for cash rewards under federal law. The focus will be on encouraging whistleblowing related to allegations of foreign corruption. DOJ’s Money Laundering and Asset Recovery Section (MLARS) will spearhead the pilot program. Acting...
|
Category: Agency Enforcement

Whistleblower Activity Under Federal Laws Increased in FY 2023

Federal agencies that enforce whistleblower laws report an across-the-board increase in tips and complaints alleging unlawful activity by employers, as well as an increase in complaints alleging unlawful retaliation against whistleblowing employees, fiscal year 2023 statistics show. The four government agencies are the Justice Department, the Securities and Exchange Commission, the Commodity Futures Trading Commission, and the Labor Department’s Occupational Safety and...
|
Category: Supreme Court

Supreme Court Rules SOX Does Not Require Whistleblower To Show “Retaliatory Intent”

A whistleblower claiming unlawful retaliation under the Sarbanes-Oxley (SOX) Act does not need to show that the employer acted with retaliatory intent to establish a valid claim, the U.S. Supreme Court ruled February 8, 2024. Instead, a plaintiff need show only that the protected activity was a contributing factor to the adverse action. The burden then shifts back to the...

Categories