Purpose and scope

Employees are protected from retaliation by their companies and by a broad set of associated actors for engaging in covered whistleblower activity. Under 1980.100(a) the protection applies against retaliation by companies, their subsidiaries and affiliates, officers, employees, contractors, subcontractors, and agents, and it also extends to protection from nationally recognized statistical rating organizations and their personnel.

Protected activity includes raising concerns about violations or alleged violations of certain federal fraud statutes and securities rules. 1980.100(a) says protected activity pertains to a violation or alleged violation of 18 U.S.C. 1341, 1343, 1344, or 1348, any rule or regulation of the Securities and Exchange Commission, or any provision of Federal law relating to fraud against shareholders.

Yes — contractors, subcontractors, and agents may be the source of retaliation covered by these rules. 1980.100(a) explicitly lists contractors, subcontractors, and agents among the individuals or entities from whom employees are protected when they engage in protected activity.

Yes — NRSROs and their staff are included in the protection scheme. 1980.100(a) specifically provides protection for employees from retaliation by nationally recognized statistical rating organizations, their officers, employees, contractors, subcontractors, or agents when the employee engages in covered activity.

This part establishes procedures for prompt handling of complaints and sets out the stages of the administrative process. 1980.100(b) explains that the rules establish procedures for the expeditious handling of retaliation complaints and set forth the Secretary’s interpretations on certain statutory issues; together with the rules in 29 CFR part 18, they cover submission of complaints, investigations, issuance of findings and preliminary orders, objections, litigation before administrative law judges, post‑hearing administrative review, withdrawals, and settlements.

You should consult this part and the procedural rules in 29 CFR part 18 for filing and processing details. 1980.100(b) states that these rules together with those codified at 29 CFR part 18 set forth the procedures for submission, investigation, hearings, review, withdrawals, and settlements.

Yes — the part includes the Secretary’s interpretations on certain statutory issues. 1980.100(b) states that the part sets forth the Secretary’s interpretations of the Act on certain statutory issues to guide enforcement and adjudication.

This part implements section 806 of the Sarbanes‑Oxley Act and notes later amendment by Dodd‑Frank. 1980.100(a) explains that the part implements procedures under section 806 of the Corporate and Criminal Fraud Accountability Act of 2002 (Title VIII of the Sarbanes‑Oxley Act of 2002), as amended by the Dodd‑Frank Wall Street Reform and Consumer Protection Act of 2010.

Alleging a violation is sufficient for protection; the rule covers protected activity about violations or alleged violations. 1980.100(a) expressly protects employees who have engaged in protected activity pertaining to a violation or alleged violation of the listed statutes, SEC rules, or federal laws related to shareholder fraud.

Yes — the procedures expressly cover withdrawals and settlements of complaints. 1980.100(b) lists withdrawals and settlements among the matters governed by these rules, along with submission, investigation, hearings, and review.

The part names a full administrative sequence from filing through review and resolution. 1980.100(b) specifies procedures for submission of complaints, investigations, issuance of findings and preliminary orders, objections to findings and orders, litigation before administrative law judges, post‑hearing administrative review, withdrawals, and settlements.

An employee or a person acting on the employee’s behalf may submit a complaint. 1980.100(b) states that retaliation complaints may be made by employees or by persons acting on their behalf and that the part establishes procedures for handling those complaints.