New York Labor And Employment Law Report

New York Labor And Employment Law Report

Category Archives: Whistleblowers

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Governor Cuomo Signs Bill Amending Public Employee Whistle Blower Protection Statute

Posted in Public Employment, Retaliation, Whistleblowers
On December 28, 2015, Governor Cuomo signed a bill repealing Civil Service Law § 75-b(2)(b).  This has a significant effect on the anti-retaliation provisions of New York’s “whistle blower” protection statute for public employees who report to a governmental body either (a) violations of a law, rule or regulation, or (b) something which an employee… Continue Reading

Let’s Get Back to the Basics of Workplace Investigations When the Whistle Blows

Posted in Discharge and Discipline, Harassment, Whistleblowers
Conducting workplace investigations is one of the most challenging and most important duties that Human Resource professionals must take on.  With the slew of existing laws, how Human Resource professionals respond to complaints about harassment or other misconduct can have huge legal and practical implications for the employer.  Unfortunately, Einstein’s definition of insanity — doing things… Continue Reading

Recent OSHA Activity Underscores Attention to Whistleblower Statutes

Posted in Occupational Safety and Health, OSHA, Whistleblowers
In August of 2011, a former employee of DISH Network filed a complaint with OSHA that DISH had “blacklisted” him.  Specifically, the complainant alleged that DISH had given him a negative job reference, and had refused to do business with the complainant’s subsequent employers.  What was the alleged reason for the “blacklisting”?  The employee, who… Continue Reading

Supreme Court Widens Sarbanes-Oxley Whistleblower Net

Posted in Retaliation, Whistleblowers
On March 4, 2014, the U.S. Supreme Court significantly expanded the Sarbanes-Oxley anti-retaliation law to cover employees of private contractors who perform services for publicly-traded companies.  Passed in 2002 in the wake of the Enron scandal, the Sarbanes-Oxley Act (“SOX”) establishes strict standards for financial behavior by publicly-traded companies and protects “employees” from retaliation for blowing… Continue Reading