Whistleblower Law Blog
Topic: Administrative Review Board (ARB)
ARB: Whistleblower Must Be Rehired — Even If Job No Longer Exists
The U.S. Department of Labor’s Administrative Review Board (ARB) ordered the Mayo Clinic to rehire a mail truck driver it had removed for whistleblowing, despite the medical group’s protest that his job no longer exists — and that giving him a different job would require a promotion.
ARB: Whistleblower Can Get Back Pay Even for Time in College
The U.S. Department of Labor’s Administrative Review Board (ARB) ruled that a whistleblower who was illegally forced out of his truck-driving job could claim back pay even for time he spent as a full-time college student.
Judge: Whistleblower’s Removal of Internal Documents Was Protected Under SOX
An administrative law judge at the U.S. Department of Labor ruled that a whistleblower’s duplication and removal of confidential information from his employer was a protected activity under the Sarbanes-Oxley Act (SOX) — and that it was neither unlawful nor a valid reason for firing, as his employer had claimed.
Sides Warm Up For SOX Case at the Supreme Court
Arguments are shaping up for the U.S. Supreme Court’s hearing of its first whistleblower case brought under the Sarbanes-Oxley Act (SOX): This week, employee advocates filed an amicus curiae brief for the National Employment Lawyers Association (NELA) and the Government Accountability Project (GAP).
The brief was drafted, in part, by The Employment Law Group, P.C.
Tenth Circuit Gives Another Win to Sarbanes-Oxley Whistleblowers
Another federal appeals court has supported the U.S. Department of Labor in its move toward a more employee-friendly reading of the Sarbanes-Oxley Act (SOX), holding that the law protects whistleblowers who flag any SOX-related wrongdoing — not just fraud against shareholders.
ARB Again Holds that SOX Protects Employees Who Warn of Future Wrongdoing
The U.S. Department of Labor’s Administrative Review Board (ARB) upheld all aspects of a $1.2 million award to a whistleblower in a retaliation case under the Sarbanes-Oxley Act (SOX), echoing a recent Third Circuit decision and lending further authority to the ARB’s landmark Sylvester decision from 2011.
In Barrett v. e-Smart Technologies Inc., the ARB again held that SOX bans retaliation against employees who flag illegal activity that they believe is likely to occur — not just illegal activity that is already occurring.
Supreme Court Takes a SOX Case — But What’s Its Agenda?
The U.S. Supreme Court has agreed to hear its first retaliation case brought under the whistleblower provisions of the Sarbanes-Oxley Act (SOX).
The Court put Lawson v. FMR LLC on its docket for the term that begins in October 2013.
ARB Upholds Retaliation Award, Shows Broad Support for Punitive Damages
The U.S. Department of Labor’s Administrative Review Board (ARB) upheld a punitive-damages award of $100,000 in a truck driver’s retaliation case against UPS, flagging its broader reluctance to reject as excessive any punitive award under the Surface Transportation Assistance Act (STAA).
Conrail Must Reinstate Conductor While Appealing Retaliation Verdict, ARB Rules
The U.S. Department of Labor’s Administrative Review Board (ARB) refused to delay the reinstatement of a train conductor who was fired after repeatedly reporting safety violations.
Menendez Redux: Halliburton Whistleblower Finally Gets Retaliation Award
The U.S. Department of Labor’s Administrative Review Board (ARB) revisited a long-running case, once again ruling against Halliburton, the oilfield services giant, for retaliating against a whistleblower who reported accounting irregularities to the U.S. Securities and Exchange Commission (SEC).
The ARB awarded financial executive Anthony Menendez $30,000 in damages, plus costs and lawyers’ fees.
The Employment Law Group® law firm produces this blog to provide general news and information about the field of whistleblower law. The blog does not contain any legal advice upon which you should rely or act. Please read our disclaimer.
Editor-in-Chief
R. Scott Oswald
Contributing Editor
Laurence Hooper
Popular Topics
- Administrative Review Board (ARB)
- Dodd-Frank Act
- False Claims Act (FCA)
- Foreign Corrupt Practices Act (FCPA)
- Internal Revenue Service (IRS)
- Medicare Fraud
- Occupational Safety and Health Administration (OSHA)
- Sarbanes-Oxley Act (SOX)
- Securities and Exchange Commission (SEC)
- Securities Fraud
- Tax Fraud
- Title VII of the Civil Rights Act of 1964
- Whistleblower Protection Act (WPA)
