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Susan C. McAleavey is a staff attorney in the Labor and Employment Department and a member of the Employment Litigation & Arbitration Practice Group and Counseling, Training & Pay Equity Practice Group.  Susan represents employers with respect to a wide range of matters, including compensation disputes, pay equity compensation analyses, employment discrimination and retaliation, sexual harassment, breach of contract and wage and hour issues.  She also advises on preparing, implementing and enforcing employment and separation agreements, employee handbooks and company policies.  She has experience representing employers in financial services, arts, sports and entertainment, hospitality services and health care.

Prior to joining Proskauer, Susan worked as a trial examiner for the New York City Office of Collective Bargaining, where she gained valuable insight into traditional labor law.

The United States District Court for the Western District of Tennessee recently emphasized the limited scope of what constitutes protected activity under the Dodd-Frank Act’s (the Act) whistleblower protection provision, noting that the Act protects only “certain kinds of whistleblowers who report certain kinds of violations.”  Boyle v. Evolve Bank & Trust et al, No. 16-02171, 2017 U.S. Dist. LEXIS 111964 (W.D. Tenn. July 19, 2017).

ARBOn April 28, 2017, the United States Department of Labor Administrative Review Board (“ARB”) allowed a whistleblower retaliation claim under the Patient Protection and Affordable Care Act (“ACA”) to proceed even though the purported protected activity alleged in the complaint made no reference to ACA provisions.  The case is Gallas v. The Medical Center of Aurora, DOL Administrative Review Board Nos. 16-012, 15-076, ALJ Nos. 2015-ACA-5, 2015-SOX-13 (ARB Apr. 28, 2017).

ARBOn September 28, 2015, the U.S. Department of Labor Administrative Review Board (“ARB”) held that the recording of workplace conversations can be protected whistleblower activity under the Energy Reorganization Act of 1974 (“ERA”).  Franchini v. Argonne National Laboratory, ARB Case No. 13-081 (Sep. 28, 2015).