Category Archives: New Legislation
New Special Counsel Will Increase Efficiency of Whistleblower Retaliation Cases
Under federal law, it is illegal for agencies or offices to take any sort of action against an employee who reports wrongdoing or safety concerns. Of course, retaliation still unfortunately happens with some regularity, and it is the responsibility of the Office of Special Counsel (OSC) to investigate these cases and punish the offenders. The […]
Whistleblower Protection Act Sponsored by Wisconsin Senator Signed into Law
A bill named after a whistleblower who worked at the Veterans Affairs Medical Center in Tomah, Wisconsin, was signed into law in October. The legislation, entitled the Dr. Chris Kirkpatrick Whistleblower Protection Act, was authored by U.S. Senator Ron Johnson (R-Wisconsin) and co-sponsored by Senator Joni Ernst (R-Iowa). Dr. Kirkpatrick was a 39-year-old psychologist who […]
Rule Changes Allow CFTC to File Whistleblower Retaliation Claims
Recently implemented rule changes allow the Commodity Futures Trading Commission (CFTC) to file whistleblower retaliation claims against employers. These changes, adopted in May, also prevent employers from preemptively forbidding employees from communicating with the CFTC. The new rules, which were adopted unanimously, also establish a new claims review process. This will help establish initial determinations […]
New York’s Whistleblower Law Encourages Reports of Possible Tax Fraud
The Corporate Whistleblower Center, a Washington, D.C.-based watchdog group, reports that New York remains the only state in the country that provides meaningful awards to whistleblowers who offer proof of sales tax or income tax fraud to regulatory officials. This gives employees a great incentive to come forward with information if they become aware of […]
Court Decision Indicates Privilege Claim Exists in an Internal Investigation Case
A recent court decision in Canada provided an interesting case study for whistleblower issues and post-accident investigations within businesses and organizations. Workplace accidents may result in work stop orders, prosecution, civil suits, workers’ compensation claims and administrative penalties. Because of this, employers have been increasingly likely to carry out “privileged” investigations to obtain legal advice […]
Federal Judge Says No to Preliminary Injunction on OSHA Anti-Retaliation Regulations
On November 28, a federal judge in Texas ruled against an injunction that would have prevented a new Occupational Safety and Health Administration (OSHA) anti-retaliation regulation from going into effect. This new regulation requires all employers to provide proper notice to their employees of their right to report any injuries suffered in the scope of […]
New Whistleblower Protection Bill Heads to Oval Office
Back in June 2016, the U.S. Senate passed a bill that would provide greater protections to whistleblowers across the country. The bill is now on its way to desk of President Barack Obama, who’s expected to sign it into law before his time is office ends January 20. If approved, the new law would make […]
National Whistleblower Appreciation Day Promotes an Important Issue
This year, the National Whistleblower Center declared July 30 to be National Whistleblower Appreciation Day. The organization received a great deal of support on its Facebook page when it made the announcement, although some did note that whistleblowers continue to face challenges across the country. Overall, the past several years have seen some big wins […]
What Affect Does the Yates Memo Have on Internal Investigations?
In September 2015, Deputy Attorney General Sally Yates released a memo that served as a guidance to U.S. Department of Justice attorneys related to the emphasis they should place on individuals’ accountability when it comes to corporate investigations. In the memo, Yates directs U.S. attorneys to place equal or greater focus on the individual as […]
New Trade Secrets Law Now Includes Whistleblower Protections
On May 11, President Obama signed the brand-new Defend Trade Secrets Act of 2016 (DTSA). This new legislation establishes a federal trade secrets law and has the added benefit of protecting corporate whistleblowers. With this law, whistleblowers who disclose trade secrets to federal, state or local government officials or to an attorney for the sole […]
