Cornell University

Labor and Employment Law Program

16 E. 34th Street, 4th Floor, 212-340-2866

Whistleblower Retaliation: Significant Changes for Employers and Employees

April 11, 2013 - New York City

Click here to print the flyer for Whistleblower Retaliation.

The USDOL has rearranged and strengthened its enforcement program regarding the over 20 statues within its jurisdiction that contain whistleblower and retaliation protections.  This is a game-changer for employers and employees alike.  Decisions under OSHA, Sarbanes-Oxley, FLSA, Mine Safety, the Federal Railroad Safety Act, etc., have ramifications beyond the particular statute to all statutes enforced by DOL. Recent Supreme Court decisions about retaliation also have raised the bar for employers. Some employers argue that these statutes encourage employees to bypass internal complaint mechanisms and engage in zealous self-help discovery.  Some employees, on the other hand, believe that utilization of internal procedures can present unnecessary risks and that reasonable self-help discovery enables the prevention of fraud and dangerous working conditions. Who is right?  Are there general lessons we can draw across the jumble of statutes with claims litigated in different venues? Given these issues, what are the ethical obligations of counsel in these cases?

Discuss what you need to know when employers or employees seek your advice with our panel:

M. Patricia Smith, Solicitor of Labor, U.S. Department of Labor
Steven Pearlman, Partner, Proskauer Rose LLP
Rachel Geman, Partner, Lieff Cabraser Heimann & Bernstein LLP

Agenda for Whistleblower Retaliation Program
References for M. Patricia Smith Presentation
Wiest v. Lynch, Court of Appeals, 3rd Circuit 2013
Steven Pearlman PowerPoint Presentation

Thursday, April 11, 2013
8:30am – Registration
9:00am-11:00am – Program

Cornell ILR NYC Conference Center
16 East 34th Street, 6th Floor
New York, NY 10016

1.5 NYS CLEs - Professional Practice (Transitional and Non-Transitional)
0.5 NYS CLEs - Ethics

$125 (includes materials and continental breakfast)

Co-sponsored by: Lieff Cabraser Heimann & Bernstein LLP and Proskauer Rose LLP