10.07.2015 Views

1E9Ct5D

1E9Ct5D

1E9Ct5D

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

esponse to the complainant. Within 60 days of filing of the complaint, the AssistantSecretary will issue written findings as to whether there is reasonable cause to believethe company has retaliated against the complainant in violation of SOX. If “reasonablecause” is shown, a preliminary order will be issued providing relief for the complainant. 38The parties will be notified of the right to object to findings and/or the order, and torequest a hearing. If the preliminary order requires reinstatement, such relief is effectiveimmediately upon the company’s receipt of the preliminary order, regardless of anyobjections filed by the company. 39If a request for a hearing is made, the Administrative Law Judge (“ALJ”) will make a denovodetermination. The proceedings allow for pre-hearing discovery, includingdepositions. If the judge concludes that the company violated the law, an order for reliefnecessary to make the employee whole will be issued. If the judge determines thecompany did not violate the law, the judge will dismiss the complaint. An employer mayfile an appeal within 10 business days of the judge’s decision with the DOL’sAdministrative Review Board (“Review Board”). The Review Board’s decision shouldissue its decision within 120 days from the conclusion of the administrative hearing.Within 60 days after the issuance of the final order, an aggrieved party may file apetition for review with the appropriate United States Court of Appeals. 4038 Id.39 Id.40 Id.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!