Employment lawyers fear that a recent decision from the U.S. Department of Labor Administrative Review Board broadening
whistleblower protections under Sarbanes - Oxley may create new burdens for employers.
On February 21, 2018, the Supreme Court held in Digital Realty Trust, Inc. v. Somers that the anti-retaliation
whistleblower protections under the Dodd - Frank Wall Street Reform and Consumer Protection Act (the «Dodd - Frank Act») apply only to those who have reported allegations to the Securities and Exchange Commission («SEC») as of the time of the allegedly retaliatory conduct.
Not exact matches
Effective on June 16, 2015, the Corporate Governance Committee and the Board of Directors of the Company amended and restated the Code to, among other things, reflect the following amendments: (1) added a new
Whistleblower Exception provision under the Confidentiality section; (2) modified the provision regarding Protection of Covered Persons to clarify that such protections apply to any Covered Person who provides information or makes other disclosures that are protected under whistleblower provisions; and (3) updated the policy reference to the Franklin Templeton Investments Social Media Guide
Whistleblower Exception provision
under the Confidentiality section; (2) modified the provision regarding
Protection of Covered Persons to clarify that such
protections apply to any Covered Person who provides information or makes other disclosures that are protected
under whistleblower provisions; and (3) updated the policy reference to the Franklin Templeton Investments Social Media Guide
whistleblower provisions; and (3) updated the policy reference to the Franklin Templeton Investments Social Media Guidelines Policy.
However, the Investigatory Powers Tribunal today ruled that MPs» communications with
whistleblowers and their constituents have no special legal
protection from state surveillance
under the law, despite those long - held government doctrine apparently prohibiting it.
He says the Panama Papers show how corruption is «scared of the spotlight» and urges new
protection for
whistleblowers who he says are
under great danger in many countries.
Calls on the Commission, by the end of 2013, to submit a legislative proposal establishing an effective and comprehensive European
whistleblower protection programme in the public and in the private sector to protect those who detect inefficient management and irregularities and report cases of national and cross-border corruption relating to EU financial interests and to protect witnesses, informers, and those who cooperate with the courts, and in particular witnesses testifying against mafia - type and other criminal organisations, with a view to resolving the difficult conditions
under which they have to live (from risks of retaliation to the breakdown of family ties or from being uprooted from their home territory to social and professional exclusion); calls also on the Member States to put in place appropriate and effective
protection for
whistleblowers.
The Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act) requires Federal agencies to keep their employees, former employees, and applicants for employment informed of their antidiscrimination and
whistleblower protections; post quarterly statistics on their websites; and train all employees regarding the rights and remedies to which they are entitled
under the law.
The Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act) requires Federal agencies to keep their employees, former employees, and applicants for employment informed of their antidiscrimination and
whistleblower protections; post quarterly statistics on their Web sites; and train all employees regarding the rights and remedies to which they are entitled
under the law.
The Legislature recently amended Section 8547.10 (c) to add this «satisfactorily addressed» language to the statute, indicating that UC
whistleblowers have the same rights and
protections under the Government Code as CSU employees.
While there are general notification obligations
under the regulatory regime and rules of professional conduct for lawyers, some query whether an unintended consequence of the new FCA / PRA regulatory regime (which provides that
protections should apply to all
whistleblowers) will be a concern for firms over the sanctity of their discussions with their legal counsel.
And from down
under, researchers at the University of Melbourne and the NGO Transparency International Australia have released a public consultation document on
Whistleblower Protection Rules in G20 Countries: The Next Action Plan.
In addition, to the extent that allegations have been made by
whistleblowers, companies
under investigation or conducting investigations should be careful to respect
whistleblower rights to avoid claims for breach of the
protections afforded to
whistleblowers.
There are a select list of claims for which there a statutes barring employment discrimination based upon seeking relief
under them (mostly federal regulatory law
whistleblower protections).
If you tell on your company for its illegal actions and are fired or otherwise retaliated against, you can file a claim
under the
Whistleblower Protection Act (WPA).
The Ontario Securities Commission announced Oct. 21 it was looking at a number of new enforcement initiatives including the prospect of introducing a
whistleblower program,
under which incentives and / or
protection from retaliation might be provided to those who have information about marketplace misconduct.
In December, Keil allegedly hired an attorney to tell Magic Leap that he was filing lawsuits
under Florida's
whistleblower protection and age discrimination acts.