In Lippman v. Ethicon, Inc., No. A-4318-10T2 (N.J. App. Div., Sept. 4, 2013), the New Jersey Appellate Division held that a pharmaceutical employee hired to be a watchdog—his job was to bring forth issues regarding the safety of company drugs and products—can be a whistleblower under New Jersey’s Conscientious Employee Protection Act (CEPA) simply by virtue of doing his job. Conceding its ruling was a departure from prior Appellate Division jurisprudence, the court set forth a new test to establish a prima facie cause of action under CEPA for such “watchdog” employees: “First, the employee must establish that he or she reasonably believed that the employer’s conduct was violating either a law, government regulation, or a clear mandate of public policy. Second, the employee must establish that he or she refused to participate or objected to this unlawful conduct, and advocated compliance with the relevant legal standards to the employer or to those designated by the employer with the authority and responsibility to comply. To be clear, this second element requires a plaintiff to show he or she either (a) pursued and exhausted all internal means of securing compliance; or (b) refused to participate in the objectionable conduct. Third, the employee must establish that he or she suffered an adverse employment action. And fourth, the employee must establish a causal connection between these activities and the adverse employment action.”
Employers Should Review Policies And Consider Self-Audits U.S. Immigration and Customs Enforcement (ICE) recently announced that it was issuing Notices of Inspection (NOIs) to 180 employers in Louisiana, Mississippi, Alabama, Arkansas and Tennessee, thus commencing an audit of each company’s Form I-9 Employment Eligibility Verification records. Specifically, the NOI alerts businesses that ICE will be
As part of its 2015 fiscal year Annual Performance Plan published on October 1, 2014, the Department of Homeland Security’s (DHS) Office of Inspector General (OIG) will review the approach of Immigration and Customs Enforcement (ICE) to I-9 inspections. Specifically, it will “determine whether ICE has effective policies and practices to identify and select businesses for I-9 inspections and re-inspections.”
It’s that time of year. Your office supply room smells of freshly copied pages titled “NCAA Tournament Bracket.” The words “underdog,” “upset,” “first round,” and “buzzer beater” are heard from watercooler conversations. Money is changing hands and minds are elsewhere. What is this madness? Why, it’s March Madness: It’s time…..