Decisions by the U.S. Department of Labor’s Administrative Review Board (ARB) over the course of the last six months have significantly expanded whistleblower protections for employees under Section 806 of the Sarbanes-Oxley Act (SOX 806). In addition, on Nov. 3, 2011, the Labor Department’s Occupational Safety and Health Administration (OSHA), the agency that enforces SOX 806, published an Interim Final Rule, in part to implement the amendments to SOX 806 protections that were included in the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank), and also seeking to improve OSHA’s handling of SOX whistleblower complaints. This month’s column discusses these recent SOX 806 rulings and the interim final rule.
Protected Activity
The ARB’s decision in Sylvester v. Parexel Int’l LLC, ARB No. 07-123 (May 25, 2011), broadens the scope of what constitutes protected activity under SOX 806.
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