Whistleblower Law Blog

Study Shows Spike in Family Responsibilities Discrimination Claims

May 27, 2016
The Center for WorkLife Law at the University of California’s Hastings College of the Law has just published a fascinating new study analyzing over 4,000 employment suits filed in claims related to balancing employee’s family responsibilities with work, which the study refers to as family responsibilities discrimination (FRD)....

Government Takes on Mandatory Arbitration Clauses in CFPB Proposed Rule

May 19, 2016
If you have ever signed up for a credit card or checking account, then you are probably familiar with the lengthy, complicated contracts that typically accompany such consumer financial products. Because these contracts are standard, most consumers assume that they operate like basic contracts, and that in the event of a breach...

Recent Cases Reflect that Broadened Scope of FCA Is Catching On

May 13, 2016
What must an individual do to receive protection from retaliation under the False Claims Act (FCA)? Seven years after major revisions to the FCA, the frustrating answer for plaintiffs, defendants and their counsel is “It depends.” Enacted during the Civil War, the FCA has undergone dramatic changes during the past 30 years....

OSHA Publishes Rules Affecting Food, Auto and Financial Services Workers

May 10, 2016
In three recent regulatory initiatives, the U.S. Occupational Safety and Health Administration (OSHA) publicized procedures and remedies for workers in the food production, financial services and automotive industries. It also continued its practice of making the protections and legal standards consistent with whistleblower...

Whistleblower Complaint Taking Too Long? Try Kicking It Out

May 5, 2016
Too often, complaints filed under federal whistleblower statutes languish in a protracted investigative phase long before the relevant federal agency issues a determination as to the employees’ claims. While control over federal whistleblower investigations remains in the hands of the investigating federal agency, many federal...

Report Shows Rise in Whistleblower Activity

May 3, 2016
Many organizational leaders would agree that it is critical for them to learn of potential violations of law or regulations within the organization as soon as possible so that they may address them and move the organization forward. Many would also prefer to learn of potential violations from the employees who discover them,...

How Should Courts Calculate FCA Double Back Pay Awards?

April 29, 2016
A recent False Claims Act decision from the Eastern District of New York held that whistleblowers are entitled to double back pay before the court subtracts their earnings from new employment. The New York court’s decision in United States v. Americare, Inc., No. 06-CV-1806 (FB) (PK), 2016 WL 1237385 (E.D.N.Y. Mar. 28, 2016),...

Recent Decision Shows Employer's Small Acts Can Add Up to Retaliation

April 26, 2016
How badly does an employer have to treat an employee before its conduct is considered retaliatory under the False Claims Act (FCA)? That was the question before a federal court in Difiore v. CSL Behring, U.S., LLC, No. CV 13-5027, 2016 WL 1073115 (E.D. Pa. Mar. 17, 2016), a recent case involving an employee who raised concerns...

HIPAA Exceptions: How Healthcare Workers Can Blow the Whistle

April 7, 2016
The Health Insurance Portability and Accountability Act (HIPAA) is a ubiquitous statute affecting the healthcare industry. The average consumer has likely heard of HIPAA and understands that it protects their personal medical information – and almost certainly has signed away some of those privacy rights through myriad consent...

CFTC Issues $10M Whistleblower Award

April 6, 2016
The U.S. Commodity Futures Trading Commission (CFTC) Whistleblower Office announced on April 4, 2016, that it would issue an award of more than $10 million to a whistleblower whose information led to a successful CFTC enforcement action.  The award was the largest the agency has ever issued.  The recipient of the award and the...

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