United States: Seminal Decision Could Make It Harder For Publicly Traded Employers To Defeat Sarbanes-Oxley Whistleblower Claims

Long awaited in Sarbanes-Oxley Act (SOX) whistleblower circles, on October 9, 2014 the U. S. Department of Labor’s Administrative Review Board (ARB) issued a split 2-1 panel decision in Fordham v. Fannie Mae, ARB No. 12-061, reversing in part and remanding an administrative law judge’s post-hearing dismissal of a former employee’s Section 806 whistleblower retaliation claim. The ARB’s decision in Fordham is significant because it addresses squarely, and at length, how ALJs and OSHA […]

By | October 28th, 2014 ||

United States: The Affordable Care Act—Countdown To Compliance For Employers, Week 9: Misunderstanding "Offer[s] Of Coverage On Behalf Of Another Entity"

Applicable large employers faced with the prospect of complying with the Affordable Care Act’s employer shared responsibility rules must grapple with and understand what is means to make an offer of minimum essential coverage under an eligible employer-sponsored [group health] plan to their full-time employees. Final regulations implementing these rules determine an individual’s status as an “employee” by applying the “common law” standard, the contours of which were examined in a previous post. Identifying […]

By | October 28th, 2014 ||

Ireland: The Do's And Don'ts Of Dealing With Inspectors And Accident Investigations

Accident Protocol
A comprehensive accident protocol is of great assistance in dealing with an accident at the workplace. It is also a legal requirement under section 11 of the Safety, Health and Welfare at Work Act 2005 for every employer to have adequate plans and procedures to be followed and measures to be taken in the case of an emergency or serious and imminent danger. The Act also requires an employer to revise such plans […]

By | October 27th, 2014 ||