The Department’s Top Judges will Decide the “Burden of Proof” Whistleblower Must Meet to Prevail in Sarbanes-Oxley and Dodd-Frank Whistleblower Cases
The Department of Labor Administrative Review Board (ARB) will hold oral arguments in the case of Powers v. Union Pacific Railroad Company, ARB Case No. 13-034 on Wednesday, January 14 at 2pm. This case will decide the burden of proof that whistleblowers must meet in order to prevail in retaliation cases filed under the key corporate whistleblower laws, including the Sarbanes-Oxley Act, the Dodd-Frank Act’s Consumer Safety laws, transportation safety laws, the Atomic Energy Act and the Affordable Care Act, among others.
National Whistleblower Center Executive Director Stephen M. Kohn will be one of the attorneys arguing the case on behalf of the whistleblowers. Kohn called the Powers case “monumental.” The case is being heard en banc by all of the top Labor Department appeals court judges who have the authority to decide whistleblower cases.