Compliance Stuff

In  Sonderling v. Ikes Artisan Pizza LLC , the U.S. Department of Labor (DOL) is pursuing a legal theory that, if adopted by the court, would allow the DOL to seek punitive damages in Fair Labor Standards Act (FLSA) retaliation lawsuits. 0:00 5:41 Quick Hits In  Sonderling v. Ikes Artisan Pizza LLC , the DOL argued that the FLSA’s anti-retaliation provision grants courts broad authority to award punitive damages against employers. The case implicates an unresolved circuit split and could significantly increase financial exposure under the FLSA retaliation. Background The  Ikes Artisan Pizza  case centers on a c omplaint filed by the DOL in 2022 alleging that the employer retaliated against an employee for communicating with the Kentucky Labor Cabinet regarding her wages. In 2024, the U.S. District Court for the Eastern District of Kentucky denied the employer’s motion for summary judgment, which set the case on the path to trial. T his also put a novel issue—whethe...

On February 13, 2026, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) launched a  new webpage  to confidentially accept whistleblower tips on fraud, money laundering, and sanctions violations. This Q&A with Jane Norberg, co-chair of Ogletree Deakins’ Whistleblower and Compliance practice group, is designed to help employers understand the legal considerations and whistleblower protections. 00:00 24:53 Quick Hits FinCEN has launched a confidential webpage for reporting tips on fraud, money laundering, and sanctions violations, enhancing support for whistleblowers . Whistleblowers reporting violations to FinCEN are protected from retaliation by their employers and may receive rewards ranging from 10 percent to 30 percent of monetary sanctions that exceed $1 million , once new regulations are finalized. Q: What types of whistleblower tips are considered under this new website? A:   FinCEN’s Office of the Whistleblower accepts tips rela...

This past September, the US Department of Justice (DOJ) updated its Evaluation of Corporate Compliance Programs (ECCP). The revised guidance reflects the government’s evolving expectations regarding corporate responsibility and compliance efforts, especially concerning artificial intelligence (AI) and emerging technologies. The key updates concern: (1) risks associated with new technologies and AI, (2) leveraging data for compliance program monitoring and enhancements, and (3) whistleblower protections. These revisions, and a brief background on the ECCP, are discussed below. Background The DOJ published the ECCP in 2017 as guidance for prosecutors for the evaluation of a company’s corporate compliance program. The ECCP identified several hallmarks of an effective corporate compliance program, which were accompanied by a set of questions for each hallmark that were meant to assist prosecutors in the review of these programs. The ECCP was created only as guidance and not as rigid standa...