On 24 July 2024, the Consumer Financial Protection Bureau (CFPB) issued Circular 2024-04, which provides critical guidance on whistleblower protections under Section 1057 of the Consumer Financial Protection Act (CFPA).
This circular has significant implications for businesses regarding confidentiality agreements and their potential conflict with federal whistleblower protections.
It clarifies that while confidentiality agreements can protect legitimate business interests, they must not infringe on employees' rights to report suspected violations of consumer financial laws.
A recent judgment by the High Court in London addressed a significant issue in a case of injunction against a former employee for misappropriating confidential documents.
This decision highlights important considerations for employers regarding the protection of confidential information and the obligations of former employees.
On 8 February 2024, the U.S. Supreme Court decided on whistleblower protections under the Sarbanes-Oxley Act of 2002.
The case clarifies the standards for proving retaliation against whistleblowers in publicly traded companies.
The Supreme Court clarified that whistleblowers are required to show that their protected activity contributed to the adverse employment action without the need to demonstrate retaliatory intent on the employer's part.
On 20 August 2023, the Court of Milan granted precautionary protection to a whistleblower, reinstating him in his position.
The worker had complained of economic and psycho-physical hardship for having been involved in some disciplinary proceedings following his whistleblowing on a scheme of falsification of travel documents by some colleagues.
It requires employers with more than 50 employees will have an obligation to have an internal reporting channel to which employees can report misconduct.
It transposes Directive (EU) 2019/1937 on protecting persons who report breaches of EU law (the Whistleblowing Directive).
Last March, the South Australian district court rendered the first decision under Australia's whistleblowing laws, stating that a former civil servant could not be protected for alleged wrongdoing while collecting evidence to support his revelations about the Australian Taxation Office's unethical and aggressive pursuit of debts.
The judgment that caused considerable debate in the country is based on the Court's narrow interpretation of the scope of whistleblower protections, which would apply only to whistleblowing and not to the preceding preparatory conduct.
On 21 February 2023, Spain published in the Official State Journal Law 2/2023 on protecting persons who report breaches of law and combating corruption.
It entered into force on 13 March, transposing Directive (EU) 2019/1937 of 23 October 2019, known as the Whistleblowing Directive.
Last September, Law No. 14.457/2022 introduced the “Employ + Women Program,” which sets forth a series of measures to promote the employment placement and retention of women in the labour market and actions to prevent and combat sexual harassment and other forms of violence in the workplace.
It also included the employer’s obligation to constitute a CIPA (now called “Internal Committee for Accident Prevention and Harassment”).