Gregory (Greg) Keating and Daniel J. Green, attorneys in the Employment, Labor & Workforce Management practice, in the firm’s Boston and New York offices, respectively, co-authored an article in Law360, titled “Navigating Dems' Whistleblower-Friendly Stance.” (Read the full version – subscription required.)

Following is an excerpt (see below to download the full version in PDF format):

Employers should expect, and prepare for, heightened compliance and litigation challenges associated with employees who report alleged violations of law.

New laws and aggressive enforcement of existing statutes from the Biden administration and Democratic congressional majorities should be expected. …

What Employers Should Do Now

Robust compliance programs mitigate legal and reputational risk associated with whistleblowers while fostering better productivity and morale.

Multiple internal reporting channels provide employers an opportunity to correct issues employees may recognize before the employees report to outside authorities. Employers should consider and invest in the following best practices to foster transparency in the workplace:

  • Establish wider and more user-friendly channels for employees to report or relay their concerns.
  • Examine, and modify as appropriate, investigation protocols so the company knows who will handle specific types of concerns before they are raised.
  • Build a culture of trust with employees to ensure they understand they can report concerns without risking retaliation.
  • Train the C-suite, the board and front-line managers so they are able to understand what constitutes protected whistleblowing in this evolving risk area, and the critical role they each play in reducing risk and enhancing morale for the company.
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