FAQs

Is administrative leave or a paid suspension an adverse employment action?

Is administrative leave or a paid suspension an adverse employment action?

  While some courts have held that a paid suspension is not an adverse employment…

7 years ago

Is assigning a sales employee a low performing territory an adverse employment action?

Numerous courts have held that assigning an employee a lower performing territory or accounts constitutes…

7 years ago

Can an incomplete Section 303 MD&A disclosure give rise to Section 10(b) securities fraud liability?

Yes.  "Item 303 provides a critical backstop to prevent unscrupulous issuers from exploiting the trust…

7 years ago

What is the standard for summary judgment in an employment discrimination or retaliation case?

To prevail on a motion for summary judgment, the movant must show that there is no genuine…

7 years ago

What is the duty to mitigate damages?

To obtain economic damages (lost pay and benefits) in an employment-related lawsuit, you must show…

7 years ago

Does the failure to name the employer’s business entity correctly in an OSHA administrative complaint constitute a failure to exhaust administrative remedies?

Courts recognize that many employers operate under a complex legal structure and therefore it can…

7 years ago

Does the False Claims Act authorize treble damages?

The False Claims Act provides that any entity violating 31 U.S.C. § 3729(a)(1) is liable…

7 years ago

Does a whistleblower have to sustain economic damages to bring a claim?

No.  As the ARB held in Dugger v. Union Pacific Railroad Co., ARB No. 16-079,…

7 years ago

When does the statute of limitations in DOL whistleblower retaliation cases commence?

  The statute of limitations begins to run from the time that the complainant knows…

7 years ago

How is interest on back pay calculated?

In FRSA whistleblower cases brought before the DOL, interest on back pay is computed using…

7 years ago

Does Section 806 of SOX preempt other claims or remedies?

Section 806 of SOX specifically provides that “[n]othing in this section shall be deemed to…

7 years ago

Who administers the whistleblower-protection provision of SOX?

The U.S. Department of Labor Occupational Safety and Health Administration (“OSHA”) administers the anti-retaliation provision…

7 years ago