Whistleblower Law Blog

Law360 Quotes TELG Attorney on DOL ARB Decision Clarifying Broad Scope of Protected Conduct for SOX Whistleblowers

Law360 Quoted The Employment Law Group® principal attorney Jason Zuckerman on the DOL ARB’s decision in Sylvester v. Parexel International LLC, which held that the Twombly/Iqbal heightened pleading standards do not apply to SOX claims initiated with OSHA and that a complainant need only express a “reasonable belief” of a violation to engage in SOX-protected activity.   See the earlier post on the other holdings of the ARB in Sylvester.  Mr. Zuckerman stated that SOX was turning into a “robust remedy for whistleblowers,” pointing to the ARB’s decisions in Sylvester and Johnson v. Siemens Building Techs. and the recent Dodd-Frank Act amendments to SOX.  “The ARB has now removed ridiculous hoops that SOX complainants were required to jump through, which hoops were plainly inconsistent with the plain meaning of the statute,” Zuckerman said.  For more information about the Sarbanes-Oxley Act, click here.

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