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.
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.
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