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Category Archives: Employee Rights

Whistleblower Alleges Retaliation After Reporting Issues with Flint Water Last Year

Miguel Del Toral works as a regulations manager for the Environmental Protection Agency and was assigned to investigate the water issues in Flint, Michigan in early 2015. According to Del Toral and various congressional investigators, he ended up being punished by the EPA for blowing the whistle on the water crisis — well before it […]

Common Steps Whistleblowers Take When Filing Claims Against Employers

When an employee alleges that he or she faced retaliation after attempting to report misconduct within your organization, there are a number of protections afforded to that person. There are also several key steps that individual (along with an attorney) are likely to take as the claim proceeds. These steps include the following: Proving the […]

Bank of America Subsidiary Pays $36 Million Settlement in Overtime Lawsuit

Lansafe Appraisal Services Inc., an appraisal subsidiary of Bank of America, recently agreed to pay a $36 million settlement in a class action lawsuit in which the company was accused of wrongfully classifying residential real estate appraisers as being exempt from overtime pay. There were 365 members of the plaintiff class, each of whom will […]

How to Reduce Risk Associated with Employees Leaving Your Company

There has been a growing amount of litigation under the False Claims Act in recent years, with many more cases being brought by current or former employees against their companies. Therefore, organizations should have prevention strategies in place to help mitigate the risk of FCA litigation brought forth by anyone who works or has worked […]

Attorney-Client Privilege Also Protects Employee-Employee Communications

The protections available in terms of attorney-client privilege often depend on the type of content found in the communications. Because of this fact, privilege logs almost never play a dispositive role in case analyses that courts perform. But occasionally, the adversary in the case will point to the data regarding “recipients” and “author” in a […]

Whistleblower Claim Arises from Food Safety Concerns at High School

A recent whistleblower lawsuit against the David Douglas School District near Portland, Oregon alleges that its high school was not engaging in proper food safety practices. The suit was filed by two of the district’s food service workers and a special education assistant at the school. According to the plaintiffs, officials in the school district […]

SEC Brings First-Ever Enforcement Action Regarding Employee Confidentiality Agreements

In April, the Securities and Exchange Commission (SEC) initiated the very first enforcement action regarding employee confidentiality agreements against KBR, Inc., a technology and engineering company based in Houston, Texas. Certain pieces of language in KBR’s agreement signed by its employees caused the SEC to take an interest in the case. According to the SEC, […]

When Do Reports Not Constitute Whistleblower Actions?

Not all reports of internal wrongdoing are technically considered whistleblower actions. In 2013, the First Circuit Court established an important “job duties” exception related to the Maine Whistleblowers Protection Act. The exception states that employee’s reports are not considered whistleblowing if making such internal reports of wrongdoing is part of the employee’s job. Since the […]

SEC Offers More Guidance on How to Interpret Whistleblower Rules

In early August, the Securities and Exchange Commission (SEC) issued some clarification on rules regarding internal whistleblower reporting. According to the agency, whistleblowers are to be protected under the Dodd-Frank Act when they report misconduct both internally and directly to the SEC. This is the first formal clarification the SEC has issued, and it clears […]

A Brief Overview of the New Dodd-Frank CEO Pay Ratio Disclosure Rules

On August 5, the Securities and Exchange Commission (SEC) officially approved what has been called the “CEO pay ratio disclosure rule” under the Dodd-Frank Act. This new rule will require the majority of publicly traded companies to openly disclose how much their CEOs make in relation to the median income of the company’s other employees. […]

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