Take 5 newsletter: an alternative view of 5 labor and employment topics likely to impact employers in 2013 and beyond *

USA - February 20 2013
This month's Take 5 selects topics likely to impact employers in 2013 and beyond and offers an alternative, if not contrarian, view for each…

---

Dodd-Frank's ambiguous definition of "whistleblower" construed broadly to favor employee protection *

USA - October 10 2012
In what has been reported to be the first decision permitting a retaliation claim under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank”) to survive dismissal, the U.S. District Court for the District of Connecticut (“Court”) has adopted a broad view of who qualifies as a “whistleblower” under that law.

Co-authors: Frank C. Morris, Jr., Michael J. Slocum .

---

Minimum pleading standard for whistleblower cases reset - ARB rejects Supreme Court's "plausibility" standard, holds "fair notice" is sufficient for administrative complaints to survive dismissal motion, and gives complainant a chance to amend *

USA - August 21 2012
Our previous postings have noted the progression of decisions during the past two years by the U.S. Department of Labor (“DOL”) Administrative Review Board (“ARB”) that have liberally expanded substantive provisions of whistleblower statutes under its jurisdiction.

Co-authors: Frank C. Morris, Jr., Michael J. Slocum , Stuart M. Gerson.

---

OSHA's final rule implementing whistleblower protections of surface transportation assistance act impacts employers that own, lease, or operate commercial motor vehicles *

USA - July 30 2012
Under a final rule (“Final Rule”) issued by the Occupational Safety and Health Administration (“OSHA”), commercial motor carriers that own or lease a vehicle in a business affecting interstate commerce or assign employees to operate such a vehicle are impacted by Surface Transportation Assistance Act of 1982 (“STAA”) whistleblower protections available to drivers of commercial motor vehicles (including independent contractors when personally operating a commercial motor vehicle), mechanics, and freight handlers, as well as others who directly affect commercial motor vehicle safety or security in the course of employment.

Co-authors: Michael J. Slocum .

---

District court holds that Dodd-Frank's extension of Sarbanes-Oxley whistleblower protection to employees of subsidiaries of public companies applies retroactively *

USA - July 10 2012
The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank”) extended Sarbanes-Oxley’s whistleblower protection provision beyond employees of publicly-traded companies to reach the employees of their privately-held subsidiaries as well.

Co-authors: Frank C. Morris, Jr., Michael J. Slocum , Stuart M. Gerson.

---