Searching Content indexed under Employment and HR by Daniel Westman ordered by Published Date Descending.
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New Executive Order Places Additional Reporting Obligations On Government Contractors And Creates An Additional Weapon In The Government’s Labor Law Enforcement Arsenal
On July 31, 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order, which requires both government contracting officers and government contractors to track and coordinate contractor and subcontractor compliance with federal and certain state labor laws starting in 2016.
United States
8 Aug 2014
Building A Workforce Culture Of Data Security In The Post-Snowden Era
Last month’s Employment Law Commentary discussed the high level of international attention now being paid to protecting trade secrets from misappropriation.
United States
7 Aug 2014
Executive Order Extends LGBT Protections To Federal Contractor Employees
On Monday, July 21, 2014, President Obama amended two prior executive orders to extend employment protections to LGBT workers.
United States
29 Jul 2014
Supreme Court Extends SOX Whistleblower Protection To Employees Of Privately Owned Companies
The Supreme Court held that the whistleblower protection provisions of the SOX Act also shield employees of privately held contractors and subcontractors.
United States
13 Mar 2014
Encouraging Internal Reporting of Potential Fraud Through Cultures of Compliance
In 2010, Congress enacted landmark federal legislation aimed at reforming the health care and financial sectors.
United States
6 Feb 2011
The Ninth Circuit Allows Corporate Counsel To Bring SOX Whistleblower Claims; Belief That Investigation Required Satisfies The Statute
In its first decision interpreting the whistleblower provisions of SOX, the Ninth Circuit broadened the scope of protected conduct. Although other circuits have required a would-be whistleblower to prove she had a reasonable belief that the law had been violated, the Ninth Circuit held that the whistleblower need only believe an investigation is required.
United States
13 Sep 2009
Supreme Court Holds That Disparate-Treatment Discrimination Must Be Based Upon Strong Basis In Evidence Of Potential Liability For Disparate Impact Discrimination
In Ricci v. DeStefano, decided on June 29, 2009, the Supreme Court ruled that “race-based action like the City’s in this case is impermissible under Title VII unless the employer can demonstrate a strong basis in evidence that, had it not taken the action, it would have been liable under the disparate-impact statute.”
United States
7 Jul 2009
Sweeping New Whistleblower Law May Cover All Employers Who Receive Stimulus Funds
The economic stimulus bill (titled the American Recovery and Reinvestment Act of 2009, or "the Act") was passed by Congress on February 12, 2009 and signed into law by President Obama on February 17, 2009.
United States
24 Feb 2009
Employment And Privacy Issues In Non-Competition Agreements
The mobility of employees in today’s global economy, and the ease with which electronic data can be moved and copied, make it essential for employers and employees to under-stand whether non-competition agreements will be enforced in jurisdictions around the world.
8 Apr 2008
Supreme Court Tightens Rules Regarding Whistleblowers Who Qualify As "Original Sources" Of Public Information In Litigation Under The False Claims Act
The federal False Claims Act allows any person to file a qui tam lawsuit in the name of the United States to recover money obtained by government contractors by fraudulent means, and to keep a percentage of any money recovered. 31 U.S.C. §§ 3729-3733. Persons who file such lawsuits are called "relators" under the statute.
United States
10 Apr 2007
Avian Flu: Are You Ready?
While the likelihood of an avian flu pandemic is difficult to predict, an increasing number of businesses are devoting some effort to planning for a pandemic.
United States
23 Aug 2006
Supreme Court Rules That Unlawful Retaliation Under Title VII May Include Actions That Would Not Necessarily Constitute Discrimination
In today’s unanimous opinion in Burlington Northern Santa Fe Railway Co. v. White (No. 05-259), the Supreme Court held that a plaintiff may pursue a retaliation claim under Title VII of the Civil Rights Act of 1964 if the "employer’s challenged action would have been material to a reasonable employee," and likely would have "dissuaded a reasonable worker from making or supporting a charge of discrimination."
United States
27 Jun 2006
Supreme Court Rules That Public Employee´s Performance of Job Duties Alone Is Not Protected Speech Under the First Amendment
In today’s 5 to 4 opinion in Garcetti v. Ceballos (No. 04-473) authored by Justice Kennedy and joined by Justices Roberts, Scalia, Thomas, and Alito, the Supreme Court held that government employees who "make statements pursuant to their official duties" do not engage in speech protected under the First Amendment.
United States
14 Jun 2006
Between a Rock and a Hard Place: Whistleblowing Procedures under Sarbanes-Oxley and European Union Data Protection Laws
Some clarification to the U.S. – E.U. data protection impasse was made on February 1, 2006, when the European data protection authorities (the Article 29 Working Party2 ("WP29")) issued an Opinion3 setting out detailed guidelines on the establishment of whistleblowing procedures. The Opinion seeks to provide guidance to enable companies to comply with Sarbanes-Oxley obligations imposed on U.S. publicly traded companies in a manner consistent with E.U. privacy law. The Opinion, however, does not
United States
23 May 2006
Employment Law Commentary February 2006
The truism that "information empowers people" has caused many companies to give their employees broad access to substantial amounts of confidential information. Granting such wide access to confidential information can backfire, however. A recent Wall Street Journal special report entitled "The Dangers Within" opined that "[t]he biggest threats to information security often don’t come from hackers. They come from a company’s own employees."
United States
1 Mar 2006
Employment Law Commentary -June 2005
Three years after the whistleblower provisions of the Sarbanes-Oxley Act of 2002 were passed, it has become clear that litigation of Sarbanes-Oxley whistleblower cases differs in several critical respects from litigation of other employment disputes.
United States
21 Jun 2005
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