Meet The Authors
The Third Edition contains a new chapter that provides an overview of federal laws containing whistleblower protection. This chapter not only outlines the subjects on which whistleblowers in the private sector receive protection under federal law, but also explains burdens of proof in whistleblowing claims brought pursuant to federal statutes. A new section examines the increasing number of state statutes that contain whistleblower protections for employees who disclose wrongful behavior on particular topics (such as abuse of patients in nursing homes).
The Third Edition includes discussions of:
Lawson v. FMR LLC, in which the Supreme Court held that employees of private contractors and subcontractors of public companies are protected by the Sarbanes-Oxley Act’s whistleblower provisions.
University of Texas Southwestern Medical Center v. Nassar, in which the Supreme Court held that a Title VII retaliation plaintiff must prove that “his or her protected activity was a but-for cause of the alleged adverse action by the employer.” The Third Edition explains how this case is likely to affect retaliation claims under various federal and state whistleblower protection statutes.
Lane v. Franks, in which the Supreme Court held that the “First Amendment protects a public employee who provides truthful sworn testimony, compelled by subpoena, outside the scope of his ordinary job duties.” This is the first Supreme Court case that has explained the Garcetti limitation on whistleblowing claims that allege infringement on government employees’ First Amendment rights.
Additionally, the Third Edition includes updated material on recent DOL ARB decisions and outlines the revised OSHA investigations manual governing whistleblowing complaints filed with the DOL.
The 2018 Cumulative Supplement discusses:
The Supreme Court’s resolution of the long-standing split as to whether the right to file suit directly in federal court applied only to employees whistleblowing to the SEC
Unsuccessful invoking of attorney-client privilege against a whistleblowing in-house counsel, resulting in a jury verdict of nearly $8 million
The annual update from the SEC on bounties awarded to whistleblowers
Retaliation in the form of blacklisting, in a manner interfering with subsequent employment
New decisions on equitable tolling, related to attorney error and to an employer’s alleged negligent misleading of the complainant
Demonstrating constructive discharge via facts establishing the “handwriting was on the wall”
Courts inferring causal connections via the concept of temporal proximity
Recent decisions by the ARB emphasizing that whistleblowing cases are not typically amenable to summary adjudication
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)