Section 1057 of the Dodd-Frank Wall Street Reform and Consumer Protection Act prohibits banks and other consumer financial services providers from retaliating against an employee for providing information to an employer, a regulatory agency, or law enforcement agency about a reasonably perceived violation of a consumer financial protection law or a regulation of the Bureau of Consumer Financial Protection (CFPB).
What are the elements of a Section 1057 whistleblower retaliation claim? Back to top
To prevail on a Section 1057 claim, the whistleblower must prove that
What conduct is protected? Back to top
Section 1057 protects disclosures about unlawful conduct related to a consumer financial product or service if the employee:
Examples include reporting, participating in a proceeding on, or objecting to fraudulent:
Are employees protected when they blow the whistle in the course of of performing their ordinary job duties? Back to top
Section 1057 expressly protects employees who blow the whistle in the ordinary course of performing their job duties.
What acts of retaliation are prohibited? Back to top
Section 1057 prohibits a broad range of adverse employment actions, including:
What is the employee’s burden for proving unlawful retaliation? Back to top
To prevail in a CFPB whistleblower action, an employee must prove by a preponderance of the evidence that her protected activity was a contributing factor in the employer’s decision to take the adverse employment action. The employer can only avoid liability by proving by clear and convincing evidence that it would have taken the same adverse employment action in the absence of the employee’s protected conduct.
What compensation can a prevailing employee recover? Back to top
A prevailing employee can:
Are Section 1057 claims subject to mandatory arbitration? Back to top
No. The employee's right to file a whistleblower retaliation claim under Section 1057 cannot be waived as a condition of employment or by a mandatory arbitration agreement.
What procedures govern 1057 whistleblower retaliation actions? Back to top
The employee must file a complaint with the Department of Labor (DOL) within 180 days of the occurrence of the retaliatory adverse employment action. OSHA will investigate the complaint and can order the employer to preliminarily reinstate the employee to her former position. Either the employee or the employer can appeal OSHA's determination by requesting a hearing before a DOL Administrative Law Judge (ALJ). The ALJ's decision can be appealed to the DOL Administrative Review Board (ARB), and the ARB's decision can be appealed to the Circuit Court of Appeals in the jurisdiction where the adverse employment action took place. If DOL does not issue a final decision within 210 days of the filing of the complaint, the employee can remove her claim to federal court where the employee can request a trial by jury.
What should I do if my employer unlawfully retaliates against me? Back to top
If you feel that you have been the subject of retaliation because of your disclosure regarding illegal activity by your employer, contact The Employment Law Group® law firm at 1-888-603-0983 or email@example.com.
The Employment Law Group® law firm recently published an article on the whistleblower provisions of the Dodd-Frank Act.
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