Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

Monday, June 15, 2009

Federal Stimulus Law And Whistleblowers

Broad Whistleblower Protection Under The Federal Stimulus Law is an important May 26, 2009 New York Law Journal article. (free). It is about the Whistlebower provisions contained in the recently enacted federal stimulus. As the article states:

In response to concerns about waste of stimulus funds, the act includes a broad employee whistleblower provision, §1553, which provides for a private right of action for employees who claim that they have been retaliated against for making certain complaints about their employers' handling of stimulus funds. This article provides an overview of the features of §1553, highlights several aspects of the provision that are broader than other whistleblower statutes with which employers may be more familiar and examines a number of important, unanswered questions about how the law will be interpreted and applied.

As this article points out, the definition of a covered employer is quite broad and likely to reach beyond those who have a direct employment relationship with the employer receiving  stimulus funds as it also covers "any person acting directly or indirectly in the interest of an employer receiving covered funds."

I recently wrote a law review article about the stimulus package.  Obama's Big Deal: The 2009 Federal Stimulus - Labor and Employment Law at the Crossroads, 33 Rutger Law Rec. 1 (2009).

Mitchell H. Rubinstein

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