Department of Labor's Authority Disputed
The recent Supreme Court decision creates uncertainty about the Department of Labor’s ability to use an administrative proceeding, based on a whistleblower action, to require a company to pay bonuses and restate financial records. If the defendants are correct, a right to jury trial might be required.
They have asked Administrative Law Judge William Farley to issue an order requiring Comcast to pay the bonuses they claim they were promised. They also want Farley to order Comcast to restate its financial reports to reflect its obligations to BluVector employees.
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But Comcast argues in its new lawsuit that the entire administrative proceeding is unconstitutional after the Supreme Court’s ruling last June in Securities and Exchange Commission v. Jarkesy.
