Allison Martin
Senior Counsel
+1.212.969.3000
Allison Martin is a senior counsel in the Labor & Employment Law Department. Allison represents employers in a wide range of employment litigation matters, including employment discrimination and harassment lawsuits arising under Title VII and similar state and local statutes, retaliation claims, and wage-and-hour claims. She represents employers in federal and state courts, arbitration tribunals, and before the EEOC and the New York City Commission on Human Rights. Allison has extensive experience litigating both single plaintiff and class action lawsuits.
Allison also counsels clients on a broad range of employment law matters, including investigations, employment policies and procedures, and employee terminations and discipline. She also has experience conducting high-profile internal investigations on behalf of employers.
Allison previously served as a federal law clerk in the U.S. District Court for the Southern District of New York.
At Seton Hall University School of Law, Allison was an Articles Editor for the Seton Hall Law Review. Allison also interned for Chief Judge Garrett E. Brown (Ret.) of the U.S. District Court for the District of New Jersey while in law school.
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In a pair of recently issued decisions, the Department of Labor’s Administrative Review Board (ARB) held that Sarbanes Oxley’s anti-retaliation provision does not apply extraterritorially. Hu v. PTC, Inc., ARB Case No. 2017-0068 (Sept. 18, 2019); Perez v. Citigroup, Inc., ARB Case No. 2017-0031 (Sept. 30, 2019). Hu Decision In Hu, the complainant worked entirely … Continue Reading
The ARB recently affirmed the dismissal of a whistleblower retaliation claim under Section 806 of SOX, holding an employer is not a “contractor” covered by SOX simply because it was a party to a contract with a publicly traded company. Griffo v. Book Dog Books, LLC, Robert William Holdings, LLC & Robert William Mgmt., LLC, … Continue Reading
On January 22, 2018, the Missouri Court of Appeals upheld a jury verdict awarding approximately $1.5 million in damages to a radiation oncologist after finding that she had been constructively and wrongfully terminated in violation of Missouri law (specifically, “Missouri public policy”) in retaliation for reporting alleged instances of substandard medical treatment and fraud. Kim … Continue Reading
Two courts in the Northern District of Illinois recently ruled that the Illinois Whistleblower Act (IWA) (740 ILCS § 174/5) provides for individual liability. Bello v. Village of Skokie, No. 14-cv-1718 (N.D. Ill. Sept. 2, 2014 and Dec. 31, 2015); Hower v. Cook County Sheriff’s Office, No. 15-cv-6404 (N.D. Ill. Feb. 16, 2016).… Continue Reading
On November 24, 2015, the ARB adopted an expansive interpretation of what constitutes an adverse action for claims asserted under the Federal Railroad Safety Act of 1982 (FRSA), holding that a reduced performance rating with no compensation-related consequences and a failure to pay medical bills in connection with a work-related accident are actionable. Fricka v. National … Continue Reading
Further reflecting the divide amongst courts regarding the definition of “whistleblower” under the Dodd-Frank Act, the District Court of New Jersey recently held that an employee who internally reports an alleged securities law violation is subject to the statute’s anti-retaliation protections. Dressler v. Lime Energy, No. 3:14-cv-07060, 2015 U.S. Dist. LEXIS 106532 (D.N.J. Aug. 13, … Continue Reading
The Second Circuit recently entertained oral argument in Berman v. Neo@Ogilvy, focusing on whether the Dodd-Frank whistleblower protection provision covers individuals who only complain internally about alleged securities law violations rather than reaching out to the SEC. We previously posted on the Southern District of New York’s December 5, 2014 ruling in this matter that … Continue Reading
On May 5, 2015, in Somers v. Digital Realty Trust Inc., No. C-14-5180, the U.S. District Court for the Northern District of California held that an internal complaint of an alleged securities law violation is sufficient to invoke the Dodd-Frank Act’s anti-retaliation protection. … Continue Reading
The Directorate of Whistleblower Protection Programs recently issued a guidance memorandum titled “Clarification of the Investigative Standard for OSHA Whistleblower Investigations,” for the apparent purpose of clarifying the standards for its whistleblower investigations. A review of this memorandum provides employers with insight as to the standard OSHA uses to determine whether a merits finding is in … Continue Reading
The Second Circuit Court of Appeals recently deferred to the SEC’s determination that a tipster who provided information to the Commission before July 21, 2010, the effective date of the Dodd-Frank Act, is not eligible to receive a whistleblower bounty payment. Stryker v. SEC, Case No. 13-4404-ag (2d Cir. Mar. 11, 2015).… Continue Reading
NY Attorney General Eric Schneiderman recently announced his plans to propose legislation that would create a whistleblower incentive program at the state level. The proposal, titled the Financial Frauds Whistleblower Act, would provide monetary awards to eligible individuals who report original information about illegal activity in the banking, insurance, and financial services industries. The Financial … Continue Reading
The Fourth Circuit recently held that SOX whistleblower retaliation claims are subject to a four-year statute of limitations and that emotional distress damages are available in SOX actions. Jones v. SouthPeak Interactive Corp. of Del., Case Nos. 13-2399 and 14-1765 (4th Cir. Jan. 26, 2015). … Continue Reading
On December 5, 2014, the Southern District of New York in Berman v. Neo@Ogilvy, No. 14-cv-523, ruled that an employee who complains internally about securities law violations does not qualify as a “whistleblower” under the Dodd-Frank whistleblower protection provision because that statute only protects individuals who report to the SEC. The court followed the Fifth … Continue Reading
As federal agencies dole out record-breaking awards to tipsters (such as the SEC’s recent $30 million award), whistleblower programs remain a topic of public interest. Earlier this month, The New York Times published an article about the growth of the whistleblower programs operated by the S.E.C., Justice Department, and I.R.S, which financially incentivize the reporting of misconduct.… Continue Reading
The ARB upheld a damages award in favor of a whistleblower after his former employer purportedly “blacklisted” him by providing an apparently negative employment reference to a prospective employer. Timmons v. CRST Dedicated Services, Inc., ARB Case No. 14-051 (Sept. 29, 2014). This underscores the impact whistleblower laws have on employers’ post-termination conduct.… Continue Reading
The Securities and Exchange Commission (SEC) decided that a whistleblower who did not “voluntarily” provide information to the SEC was nonetheless eligible to receive a monetary award of $400,000. The whistleblower’s disclosure was not voluntary under the SEC’s own rules because it occurred after a previous inquiry to the company by a self-regulatory organization. Nevertheless, the … Continue Reading
In a first-impression decision, the U.S. District Court for the District of Nebraska recently ruled that an employee who disclosed information about potential securities law violations to FINRA may qualify as a “whistleblower” under Dodd-Frank, even though the employee did not provide any information to the SEC. Bussing v. COR Clearing, LLC, No. 12-cv-00238, 2014 U.S. … Continue Reading
The New York Court of Appeals recently ruled that a whistleblower need not plead the specific “law, rule or regulation” that the employer purportedly violated to state a cause of action under the New York whistleblower statute. Webb-Weber v. Cmty. Action for Human Servs., 2014 N.Y. Slip. Op. 03428 (May 13, 2014). The New York … Continue Reading
On April 29, 2014, David Michaels, the Assistant Secretary of Labor for Occupational Safety and Health, testified before the U.S. Senate subcommittee of the Committee on Health, Education, Labor and Pensions regarding proposed changes to the Occupational Safety and Health Act of 1970 (“OSH Act”) whistleblower provision. After highlighting some the recent changes in the … Continue Reading
OSHA recently released the interim final text of regulations implementing the whistleblower protection provision (Section 1057) in Dodd-Frank. The interim final regulations establish the timing and processes for handling Dodd-Frank whistleblower complaints, including the procedures for filing a complaint with OSHA, OSHA’s investigation of the complaint, issuance of a decision and order, and appeals. OSHA … Continue Reading
In what appears to be an alarming trend for employers, the Chicago Tribune recently reported that a former Chicago State University employee was awarded $3 million after a Cook County, Illinois jury found that the University retaliated against him for reporting alleged misconduct by top university officials in violation of the Illinois State Official and … Continue Reading
The U.S. Securities and Exchange Commission (SEC) published (for public comment) a draft strategic plan, which sets forth its goals and objectives for fiscal years 2014 through 2018. The SEC’s “strategic objectives” include: fostering compliance with federal securities laws; ramping-up efforts to “promptly detect and deter violations of federal securities laws”; and prosecuting violations of … Continue Reading
2013 was a busy year for whistleblowing and retaliation law in New Jersey. This blog post summarizes noteworthy statutory and judicial developments for employers to consider in the new year.… Continue Reading
The ARB recently ruled that an employer advancing an after-acquired evidence defense in an AIR 21 whistleblower case must prove the defense by clear and convincing evidence. Clemmons v. Ameristar Airways, Inc., ARB No. 12-105, ALJ No. 2004-AIR-011 (ARB Nov. 25, 2013). This is the same standard that applies to an employer’s burden of showing, … Continue Reading
ARB: SOX Whistleblower Provision Does Not Apply Extraterritorially
By Harris Mufson and Allison Martin on Posted in Key ARB Decisions, SOX Whistleblower Decisions
ARB Affirms Dismissal of SOX Whistleblower Claim Against Non-Public Companies
By Steven J. Pearlman and Allison Martin on Posted in Key ARB Decisions, SOX Whistleblower Decisions
Missouri Court of Appeals Upholds $1.5 Million Whistleblower Jury Verdict
By Steven J. Pearlman and Allison Martin on Posted in State-Specific Whistleblower Claims
Two Illinois Federal Courts Rule That Illinois Whistleblower Act May Provide For Individual Liability
By Steven J. Pearlman and Allison Martin on Posted in State-Specific Whistleblower Claims
ARB Broadly Interprets Adverse Action Once Again
By Steven J. Pearlman and Allison Martin on Posted in DOL Decisions
New Jersey District Court: Dodd-Frank Protects Internal Whistleblower
By Harris Mufson and Allison Martin on Posted in Dodd Frank
Second Circuit Entertains Argument on Scope of Dodd-Frank Whistleblower Provision
By Steven J. Pearlman and Allison Martin on Posted in Dodd Frank
California District Court Holds that Internal Tipsters Are Protected Under Dodd-Frank
By Steven J. Pearlman and Allison Martin on Posted in Dodd Frank
OSHA’s Recent Guidance on Whistleblower Retaliation Investigations
By Steven J. Pearlman and Allison Martin on Posted in OSHA Administration
SEC’s Limit on Retroactivity of Dodd-Frank Whistleblower Bounty Awards Is Reasonable, Second Circuit Holds
By Steven J. Pearlman, Harris Mufson and Allison Martin on Posted in Dodd Frank, SEC
NY Whistleblower Bounty Program On The Horizon?
By Lloyd B. Chinn, Harris Mufson and Allison Martin on Posted in State-Specific Whistleblower Claims
4th Circuit: 4 Year Statute Of Limitations Applies To SOX Claims
By Steven J. Pearlman and Allison Martin on Posted in SOX Whistleblower Decisions
SDNY Follows Asadi: Internal Tipsters Not Dodd-Frank “Whistleblowers”
By Steven J. Pearlman, Harris Mufson and Allison Martin on Posted in Dodd Frank
New York Times Discusses the Growth of Whistleblower Programs
By Lloyd B. Chinn, Harris Mufson and Allison Martin on Posted in SEC
ARB Affirms Blacklisting Award To Whistleblower
By Steven J. Pearlman and Allison Martin on Posted in Key ARB Decisions
SEC Issues Whistleblower Award, Waives Voluntary Requirement
By Lloyd B. Chinn and Allison Martin on Posted in SEC
Nebraska District Court: Employee’s Disclosures To FINRA Make Her A Dodd-Frank Whistleblower
By Steven J. Pearlman, Harris Mufson and Allison Martin on Posted in Dodd Frank
New York Court of Appeals Expands Potential For State Whistleblower Claims
By Harris Mufson and Allison Martin on Posted in State-Specific Whistleblower Claims
Assistant Secretary of Labor for Occupational Safety and Health Asks Congress to Increase OSH Act Whistleblower Statute of Limitations
By Steven J. Pearlman, Harris Mufson and Allison Martin on Posted in OSHA Administration
OSHA Releases Interim Dodd-Frank Whistleblower Regulations
By Steven J. Pearlman, Harris Mufson and Allison Martin on Posted in OSHA Administration
Illinois Whistleblower Awarded $3 Million Following Jury Trial
By Steven J. Pearlman, Harris Mufson and Allison Martin on Posted in State-Specific Whistleblower Claims
SEC’s Strategic Plan Includes Reliance On Whistleblower Tips
By Steven J. Pearlman, Harris Mufson and Allison Martin on Posted in SEC
Trends In N.J. Whistleblowing And Retaliation Law – 2013 Roundup
By John Barry, Joseph O’Keefe, Daniel Saperstein and Allison Martin on Posted in State-Specific Whistleblower Claims
ARB: “Clear And Convincing Evidence” Needed To Support After-Acquired Evidence Doctrine
By Steven J. Pearlman, Harris Mufson and Allison Martin on Posted in Key ARB Decisions
