The Dodd-Frank Act created a "reward" (bounty) program for whistle blowers that voluntarily provide original information of fraud or unlawful activity in violation of the Sarbanes-Oxley Act, the Foreign Corrupt Practices Act and other securities law violations. The Dodd-Frank Act also provides whistle blowers protection from retaliation and renders pre-dispute arbitration agreements of whistle blower
Retaliation
Texas Law Prohibits Employers from Requiring Employees to Purchase Employer’s Goods
As I was driving home last night, NPR played a clip from the 1947 folk song "16 Tons." Its a catchy tune about 1940’s coal mining. The chorus of the song has the coal miner asking St. Peter to delay his death because he owes his soul to the company store. Employers used to provide "company stores"…
Fifth Circuit Sets Two Year Statute of Limitations for False Claims Act Retaliation Cases
The federal False Claims Act (aka Qui Tam statute) provides a cause of action for an employee who is retaliated against for attempting to prevent its employer from making fraudulent claims for payment to the United States. An open issue in the Fifth Circuit (the federal court of appeals covering appeals from Texas, Louisiana and Mississippi)…
Should You Ever Hang Up on the Texas Workforce Commission?
In Texas, employees and employers are entitled to a telephone hearing before a hearing officer if either party disagrees with an initial determination issued by the Commission in unemployment benefit and Texas Pay Day Act claims. There are some occasions, however, where an employer may consider foregoing these telephone conferences –even if it means losing the unemployment…
What is Employment Practices Liability Insurance and Does My Company Need It?
Employment Practices Liability Insurance, or EPLI, is business insurance an employer can purchase that will provide protection from losses caused by certain employment disputes with current or former employees. EPLI is in addition to commercial general liability or umbrella policies that normally contain exclusions for most employment claims.
EPLI normally covers the employer, its employees and executives for…
Fifth Circuit Holds Title VII Damage Caps Apply “Per Party” Not “Per Claim”
In an issue of first impression in the Fifth Circuit, the U.S. Court of Appeals holds that Title VII’s damages cap apply on a "per party" basis rather than on "per claim." In Black v. Pan American, the Plaintiff, Carleen Black, prevailed on her Title VII and TCHRA claims of sex discrimination and…
El Paso Court of Appeals Recognizes Private Right of Action for Retaliation for Assisted Living Facility Employees
In an issue of first impression, the El Paso Court of Appeals has held that the Assisted Living Facility Licensing Act creates a private right of action for an employee who has filed a complaint, grievance of providing information in good faith relating to personal care services of the assisted living facility.
In Emeritus Corp. v.
Wal-Mart v. Dukes Not Evidence of High Court Pro-Business Slant
I keep reading reports that Wal-Mart v. Dukes, where the Court reversed a class certification including 1.5 million women (who worked all over the U.S. under different supervisors at different stores) that was based on the company giving supervisors too much discretion, 125 anecdotal stories and an expert report employing dubious social framework analysis, demonstrates that the Court has…
Fifth Circuit Holds Loss of Consortium Damages Unavailable To Spouse of Successful Title VII Plaintiff
The Fifth Circuit held today that a spouse of a successful Title VII plaintiff cannot maintain a legal claim for loss of consortium (i.e., loss of spousal services) under state and federal law. In Barker, Tracey Barker was a civilian worker employed by Halliburton (aka KBR). She claimed she was subjected to sexual harassment, retaliation and…
State of Texas Immune from Worker’s Compensation Retaliation Claims
In today’s Supreme Court of Texas orders, the Court held that the State of Texas (including its political subdivisions such as counties) is immune from worker’s compensation retaliation suits. You can read a full copy of the Court’s opinion in Travis Central Appraisal District v. Norman here.