On July 15, 2015, the New Jersey Supreme Court settled the debate over whether employees who are responsible for monitoring and reporting employer compliance may seek whistleblower protection under New
Continue Reading Whistle(blow) While You Work: Supreme Court Rules That “Watchdog” Employees Are Protected Under CEPA

In a highly-anticipated decision having far-ranging impact for privately owned employers, the U.S. Supreme Court held that the whistleblower protections under § 1514A of the Sarbanes-Oxley Act of 2002 (“SOX”)
Continue Reading Will Your Company Be Wearing New SOX? – Supreme Court Expands Sarbanes-Oxley Whistleblower Protection to Employees of Privately-Held Companies

In a decision that may have far-ranging impact for employers accused of retaliating against whistleblower-employees, the Third Circuit Court of Appeals recently held that an employee whose evidence was “entirely circumstantial,” and who did not provide “any evidence” of his employer’s alleged retaliatory motive, nonetheless presented enough evidence to survive summary judgment. Araujo v. NJ Transit Rail Operations, Inc., No. 12-2148 (3rd Cir. February 19, 2013). While the Araujo decision itself comes specifically from the federal whistleblower laws applicable to the railroad industry, the Third Circuit’s analysis of the applicable legal burdens may well apply to employers in such diverse industries as commercial trucking, airlines, maritime, automobile manufacture, and consumer products generally, as well as any employer covered by Sarbanes-Oxley.
Continue Reading Employers Guilty Until Proven Innocent? Third Circuit Lowers the Bar for Employees Claiming Retaliation for Certain Protected Whistleblower Activities