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Supreme Court to Decide if DOL Review Board Properly Expanded SOX Whistleblower Protection to Public Company Contractor Employees

On June 4, 2013 by Schnader in Labor and Employment

By Scott J. Wenner Commentators, including this blog, have observed that since Obama Administration appointees assumed majority status on the Administrative Review Board (ARB), an appellate panel established within the U.S. Department of Labor (DOL), the panel has shifted its stance dramatically and in favor of increasing employee rights and employer […]

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Third Circuit Defers to DOL and Adopts ARB’s New and Expansive Definition of Protected Activity under SOX

On April 2, 2013 by Schnader in Labor and Employment

By Scott J. Wenner A sharply divided panel of the Court of Appeals for the Third Circuit has embraced the Department of Labor Arbitration Review Board’s (ARB) broad redefinition of “protected activity”  under the Sarbanes-Oxley Act (SOX). In Wiest v. Lynch, No. 11-4257 (March 19, 2013),  Judge Vanaskie, writing for himself […]

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