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With President Obama expected to sign the recently passed financial overhaul bill (H.R. 4173) July 21, attorneys told BNA that the law will put in place a host of vigorous whistleblower protections for workers in the financial services and other industries.
These protections, attorneys on both sides of the employment bar agreed, expand the types of workers eligible to bring certain whistleblower claims, allow some whistleblowers to bypass the administrative process and head straight to court, and implement an employee-friendly burden-shifting standard.
"You have a very low threshold for the plaintiffs to meet and a much more stringent burden for the employer - this is an unfortunate way for the law to be developing," Springer told BNA July 20. "Section 1057 troubles me the most because of the plaintiff-friendly burden shifting."
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