In Defense Of DOL's Interpretation Of Section 806

Law360, New York (September 15, 2008, 12:00 AM EDT) -- On Sep. 4, 2008, the Wall Street Journal (WSJ) published an article titled “Whistleblowers Are Left Dangling – Technicality Leads Labor Department To Dismiss Cases.” The article stresses that the U.S. Department of Labor (DOL) has dismissed “many” of the cases brought under the Sarbanes-Oxley Act’s (SOX) whistleblower protection provisions (Section 806) because the complainants worked for corporate subsidiaries that are not publicly traded.

A few days later, Senators Leahy and Grassley sent Secretary of Labor Chao a letter reminding her that they authored Section 806,...
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