The Federal Sarbanes-Oxley corporate whistle blower law (SOX) contains a definition of employees and employers covered under the SOX. The SOX corporate whistle blower protection law (SOX) does not foreclose corporate employees from pursuing other federal legal remedies, even if they also file a claim under the SOX. State laws that protect whistle blowers are not pre-empted, and employees can file other federal employment discrimination claims, even if they also file a SOX case. If you are a whistle blower employee and are facing discrimination, speak to an experienced Tooele, Utah corporate lawyer. Business Law ClaimsThe SOX permits employees to file claims de novo in federal court if the U.S. Department of Labor (DOL) does not issue a final decision on the merits of a case within 180 days of the initiation of DOL proceedings. If an employee opts to file in federal court, any other potential federal claims can be joined with the case, and state pendent claims can also be joined. Conversely, if an employee files a SOX claim within the DOL, the employee can still pursue alternative remedies in state or federal court under various legal theories, including the public policy exception to the termination-at-will doctrine. Under the SOX, an employee also has the right to file a private cause of action in federal court if the DOL does not issue a final order on the complaint within 180 days. An experienced Tooele, Utah corporate lawyer can help you file your SOX claim. Special DamagesThe SOX law is only one of four federal statutes that permit employees to obtain payment for reasonable attorney fees and costs as part of “special damages.” In other words, fees and costs incurred by an employee are “part and parcel of the ‘special damages sustained as a result of the discrimination.'” An employee who prevails in a SOX case is entitled to fees and costs as part of the “make whole” remedy, and a court does not have the discretion to refuse to award reasonable fees and costs. CoverageThe scope of coverage under the SOX is broad. Not only are most publicly traded companies covered, but “any officer, employee, contractor, subcontractor, or agent” of a publicly traded corporation is also covered. Consequently, non-publicly traded companies, which serve as contractors, subcontractors, or agents of Wall Street traded firms would also be covered under the SOX. Also, individual “officers,” “employees,” and other “persons” who work for or control the conduct of publicly traded companies may also be liable under the act. Given the broad statutory definition of “employer,” it may be advantageous for employees to name specific persons and /or contractors and agents in their complaint, along with the publicly traded corporation that may own and / or control such persons or agents. In other whistle blower statutes, including those upon which the SOX was modelled, the terms “employer” and “employee” have been construed broadly by the responsible administrative agencies and the courts. Employer LiabilitySeparate business entities have been found liable as employers where the interrelation between the company actually employing the worker and the independent corporation was sufficient to qualify the parent company as a “joint employer.” The joint employer doctrine is applicable to the SOX. Definition of Employer
Settlement Approval ProceduresThe submission and approval of settlement agreements is a matter of routine procedure in the DOL. The DOL adheres to the principle that “settlements are to be encouraged.” Parties regularly execute settlements and submit them to an administrative law judge for approval. The Office of Administrative Law Judges has implemented regulations allowing both for a stay of proceedings (including discovery) in order to provide the parties time to execute agreement and for the appointment of “settlement judges” who can confidentially assist in the voluntary mediation of a dispute. Likewise, under the DOL regulations, if a settlement agreement is approved by a presiding administrative law judge, the agreement may become final if no party files an appeal to the Administrative Review Board (ARB) within the 10-day period. If an appeal of the merits decision has been filed with the ARB, then the ARB must approve the settlement. If the case is settled during the OSHA investigation, OSHA must approve the agreement. Business Lawyer Free ConsultationWhen you need legal help with your LLC or business in Tooele Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
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