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Watch Out for “Watchdogs”: The N.J. Appellate Division Expressly Expands CEPA Protection To a New Class of Employees

On September 4, 2013, the New Jersey Appellate Division in Lippman v. Ethicon, Inc., Docket No. L–9025–06, 2013 WL 4726834 (App. Div. September 04, 2013), reversed a ruling by the Superior Court, Law Division granting summary judgment to the defendant employers and dismissing plaintiff’s claim under New Jersey’s Conscientious Employee Protection Act (CEPA) on the … Continue Reading

BNSF & OSHA Reach Significant Whistleblower-Related Accord

In January 2013, after over 30 FRSA complaints were lodged by BNSF Railway Company (BNSF) employees, OSHA and BNSF reached an agreement (Accord), where BNSF agreed to modify certain policies and practices alleged to interfere with employees’ rights under the whistleblowing provisions of the Federal Railroad Safety Act (FRSA). BNSF also extended settlement offers to … Continue Reading

Another Court Breathes Life Into SOX Protected Activity Defenses

The gap between how federal courts and the Administrative Review Board (ARB) define protected activity under Section 806 of SOX widened further this month when the U.S. District Court for the Southern District of New York granted a defendant-employer’s Rule 12(b)(6) motion to dismiss.  Nielsen v. AECOM Tech. Corp., No. 12-cv-5163, 2012 WL 6200613 (S.D.N.Y. … Continue Reading
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