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It is a common misconception that the First Amendment protects a person’s right to say whatever they want, whenever they want.
Managing the Modern Workplace
Loyalty to one’s employer is a fast disappearing quality it seems and it is not hard to imagine the following scenario: After terminating an especially difficult employee, you have learned that she…
Managing the Modern Workplace
Not to be outdone by the SEC’s recent landmark whistleblower awards (discussed here and here ), the Commodity Futures Trading Commission (“CFTC”) just awarded its fifth and largest whistleblower…
Managing the Modern Workplace
The U.S. Securities and Exchange Commission (“SEC”) made additional waves since last month’s post , by recently announcing the first monetary award under the Dodd-Frank safe-harbor provisions. The…
Managing the Modern Workplace
Following the financial crisis and the discovery of Bernie Madoff’s Ponzi scheme, Congress passed the Dodd Frank Act, which expanded substantially the SEC’s whistleblower program and established the…
Managing the Modern Workplace
As you may have heard, the Supreme Court decided last week that Dodd-Frank’s whistleblower protections (along with its 6-year statute of limitations and direct-to-court enforcement procedure) only…
Managing the Modern Workplace
We have become well-conditioned to respond to the sound of a fire drill or a tornado warning. But to rumors of sexual harassment? Not so much.
Managing the Modern Workplace
It is natural (and logical) to assume that United States laws do not apply to an individual’s actions in another country. Although this is not always the case — federal discrimination laws, for…
Managing the Modern Workplace
As labor lawyers, we tend to think of our professional years as starting and ending on Labor Day. In order to celebrate the new Labor year, I intended to send this post early last week, but a storm…
Managing the Modern Workplace
Whistleblowing claims have a funny way of sneaking up on employers. When an employee makes a complaint or raises a grievance, the legal risk is sometimes obvious at the start. But it can often catch…
Managing the Modern Workplace
A small client recently told me that they did not like to have a lot of written policies because they believe that every policy is one more opportunity for disputes to arise. When I started to argue…
Managing the Modern Workplace
If you’re an HR manager, director, or vice president, you’ve probably not only got a pretty long holiday wish list , but also a fairly sizable list of New Year’s resolutions. It probably includes…
Managing the Modern Workplace