Great news for workers in the State of New York: Governor Kathy Hochul recently signed into law an amendment to the New York Labor Law that dramatically expands safeguards against and remedies for employers’ whistleblower retaliation. Historically, New York has “not recognize[d] the tort of wrongful discharge,”[1] including “for firings that violate public policy such as . . . discharge for…
When an employee complains about an employer’s violation of wage and hour laws, anti-retaliation protections often kick in to protect the employee from being punished for complaining. Obvious examples of retaliation include firing or demoting the employee who complains. However, an employer’s retaliatory actions may also extend beyond the workplace. In some cases, the employer may try to use the…
In the wake of the Enron and Arthur Anderson scandals, Congress enacted the Sarbanes-Oxley Act of 2002 (“SOX”) to address “a culture, supported by law, that discourage[s] employees from reporting fraudulent behavior not only to the proper authorities, such as the FBI and the SEC [Securities and Exchange Commission], but even internally.” S. Rep. No. 107–146, at 4–5 (2002).Section 806 of…
This blog was co-authored by Leigh Anne St. Charles and Kaitlin Leary. Mayor Muriel Bowser recently signed into law a new Ban on Non-Compete Agreements Amendment Act of 2020 for the District of Columbia. The new law, which will go into effect following a 30-day congressional review period, offers sweeping and unprecedented employee protection from restrictive workplace policies designed to prevent employees…
The SEC recently made a notable decision to provide an award to a whistleblower who had compliance-related responsibilities at the company where the whistleblower worked. The award of $450,000 was the SEC’s third whistleblower award to an individual who had compliance or internal audit responsibilities, according to the SEC’s press release. The SEC and CFTC whistleblower programs, which were established by…
Since its enactment in 2002, Sarbanes-Oxley (SOX) has left a large, albeit often controversial, footprint in the world of corporate internal controls. As the compliance world has adjusted to the post-SOX era, businesses and courts have observed a growing need to address the current and future SOX requirements of private companies. This has had particular significance with regards to SOX’s…