Jeanine Conley

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Yes, Attorneys Too Can Blow the Whistle: But When and How Hard?

Photo of Bari NadwornyBy Jeanine Conley and Bari Nadworny on Posted in Whistleblowing
According to the United States Securities and Exchange Commission (“SEC” or the “Agency”), an attorney – or any individual, for that matter – should not have to first report misconduct to the SEC to fall under the protections of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank” or the “Act”). In an amicus … Continue Reading

Financial Agencies’ Joint Diversity Standards Voluntary for Regulated Entities

By Jeanine Conley and Yalda Haery on Posted in Discrimination
Six federal financial agencies—the Federal Reserve Board, the Federal Deposit Insurance Corporation, the National Credit Union Administration, the Office of the Comptroller of the Currency, the Consumer Financial Protection Bureau, and the Securities and Exchange Commission (the “Agencies”)—joined forces to issue a final interagency policy statement on June 9, 2015, which establishes joint standards for … Continue Reading

Agencies Beware: Supreme Court Leans Toward Air Marshal Whistleblower in Oral Argument

By Jeanine Conley and Mackenna Mosier on Posted in Whistleblowing
On November 4, 2014, the Supreme Court heard oral arguments in Dep’t of Homeland Security v. MacLean, bringing closer to an end the lengthy dispute between Robert MacLean and his former employer, the Transportation Security Administration (“TSA”), which terminated MacLean for disclosing what the TSA deemed sensitive security information (“SSI”). As we discussed in an … Continue Reading

Air Marshal Whistleblower v. TSA: Supreme Court to Blow Final Whistle

By Jeanine Conley and Mackenna Mosier on Posted in Whistleblowing
On July 25, 2014, the U.S. Government will submit its opening brief to the Supreme Court in the decade-long battle that began when the Transportation Security Administration (“TSA”) terminated former air marshal-turned federal whistleblower Robert MacLean.  MacLean released information regarding the TSA’s decision to reduce air marshal travel soon after it had received a heightened … Continue Reading

ALERT! Supreme Court “SOX” it to Employers by Extending Statute’s Whistleblower Provision to Private Contractors of Public Companies

By Jeanine Conley and Mackenna Mosier on Posted in Retaliation, Whistleblowing
The U.S. Supreme Court recently issued an opinion in Lawson v. FMR LLC broadening the scope of individuals afforded protection under the anti-retaliatory provisions in the Sarbanes Oxley Act.  Baker Hostetler’s Employment Group, and Whistleblower and Compliance Team issued an Executive Alert on this critical decision.  To learn how the Court “‘SOX’ it to Employers,” … Continue Reading

Pregnant Employees Become the Subject of Heightened Attention and New Legislation

By Jeanine Conley and Laura Scully on Posted in Discrimination, EEOC, New Jersey, New York, Reasonable Accommodation
Over the past decade, the number of claims pregnant workers have filed with the Equal Employment Opportunity Commission (“EEOC”) has risen by almost 50 percent, according to the National Women’s Law Center (“NWLC”).  Most of these workers assert that their employers denied them reasonable accommodations, such as bathroom breaks, periodic rest breaks, breaks to facilitate … Continue Reading

Employers Under Continued Fire from Government Agencies and Legislature for Workplace Misclassification

Photo of Amy J. TraubBy Jeanine Conley and Amy J. Traub on Posted in Department of Labor, DOL, FLSA, Independent Contractor, New York, Wage and Hour
New York has just become the 15th state to formally align its efforts with those of the United States Department of Labor (“DOL”) to crack down on the misclassification of employees as “independent contractors.”  New York joins 14 other states (including California, Connecticut, Massachusetts, and Washington) that have partnered with the DOL to “root out bad … Continue Reading

FLSA Care for the Caregivers: New DOL Rule Broadens Minimum Wage and Overtime Protections for Direct Care Workers

Photo of Amy J. TraubBy Amy J. Traub and Jeanine Conley on Posted in DOL, FLSA, Home Health Workers, Wage and Hour
A final rule issued by the Department of Labor (“DOL”) is to erode significantly a longstanding exemption under the Fair Labor Standards Act (“FLSA”).  For nearly 40 years, under the companionship services exemption, home care agencies and other third parties have not had to pay federally required minimum wage and overtime to workers providing home … Continue Reading
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