Law Blog

New Amendments to Whistleblower Law Proposed in New York State Senate

Whistleblower
New Amendments to Whistleblower Law Proposed in New York State Senate

In New York State, New York Labor Law (“NYLL”) § 740 protects whistleblowing employees from retaliation for engaging in protected activity. Specifically, NYLL § 740 has a one-year statute of limitations and considers protected activity to be when an employee reports, or threatens to report, a policy or practice of the employer to a supervisor or public body that is in violation of law, rule or regulation and creates and presents a substantial and specific danger to the public health or safety, or which constitutes health care fraud.

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571 Hits

Whistleblowers Face Challenges in Addition to Backlash in the Workplace

Whistleblower

Discovering workplace wrongdoing can lead to stress, but there are protections in place that prevent the backlash against you for accusing your employer of breaking the law. Unfortunately, these protections only go so far and many whistleblowers find themselves mired in stress and anxiety when faced with the decision to report wrongdoing against their employer.

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706 Hits

Do You Have Concerns about Your Employer Breaking the Law? What You Need to Know about Whistleblowing

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If you work for an employer you are sure operates above-the-board and is entirely ethical, you should consider it a blessing. Not everyone is this lucky. Some employees, even when they are happy in their work and do not intend to do so, discover their employers are doing something unethical or outright breaking the law.

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836 Hits

New Whistleblower Protections for Federal Employees Take Effect

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On October 26, 2017, the Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017 was passed into law. The new law provides more protections for whistleblowers that report fraud, waste, and abuse in the federal government. Some of these protections include: providing the Office of Special Counsel more access to information in order to fully conduct investigations into whistleblower firings; informing federal employees of their rights as whistleblowers; providing managers with training on whistleblower protections; tougher penalties against supervisors who retaliate against whistleblowers; and better protections for probationary employees fired for whistleblowing.

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858 Hits

Help! My Employer is Breaking Environmental Laws and I Don’t Know What to Do!

The downside of living and working in an industrialized country is that producing sometimes means polluting the environment. The government has done a great deal to control pollution and businesses are expected to adhere to laws restricting the amount of pollution they can produce in an effort to balance the needs of industrialization with the health of the environment. Unfortunately, some companies try to bypass these laws and try to make things easier on them by polluting more than they are permitted to under the laws.

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2037 Hits

Thinking of Blowing the Whistle on Your Employer? Know Your Rights!

Discovering your employer’s wrongdoing can be a tough position in which to find yourself. As much as you might want to protect your employer, you may feel that you have a moral obligation to report wrongdoing. On the other hand, if you are disgruntled and feel you have been mistreated as an employee, you might be eager to blow the whistle, but you should first consider the consequences.

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2151 Hits

U.S. Supreme Court Expands Whistleblower Protection under Sarbanes-Oxley

On Tuesday, March 4, 2014, the U.S. Supreme Court expanded the class of employees entitled to whistleblower protection under the Sarbanes-Oxley Act of 2002 (“Sarbanes-Oxley” or “the Act”). In its 6-3 decision in Lawson v. FMR LLC, the Court held that the employees of private companies that contract with publicly held companies are entitled to whistleblower protection for reporting the fraudulent activities of the publicly traded company. According to the Court's interpretation of § 1514A of Sarbanes-Oxley, the Act prohibits private employers that contract with publicly held companies from taking adverse employment actions against its employees who report the fraudulent activities of the publicly held companies. For example, an employee of a private accounting firm who reports the fraudulent tax practices of a publicly held client is now protected from adverse employment actions taken by the accounting firm for reporting the fraudulent tax practices of the public company.

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Borrelli & Associates Settles Whistleblower Retaliation Case on Behalf of New York City Detective

James Griffin commenced his lawsuit against the City of New York for retaliation after he reported a cover up to Internal Affairs. In retaliation, his fellow and superior officers made his life a living hell. Mr. Griffin paid the price for violating the “blue wall of silence.” In what can be characterized as nothing short of victory, Borrelli & Associates, P.L.L.C., on Mr. Griffin’s behalf settled his lawsuit prior to trial for $280,000. Click on any of the links to read the news coverage of this settlement.

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