Jottings By An Employer's Lawyer

Wednesday, July 09, 2003

Federal Aviation Whistleblower Statute Preempts Florida State Cause of Action

And according to the article from Laurie Cunningham of the Miami Daily Business Review, since the complaint was not filed within the short 90 day statute of limations provided in the federal statute, it is now barred. This shouldn't have any applicability to the whistleblower provisions in Sarbanes Oxley, even though it adopts the procedural aspects of the aviation whistleblower statute. Section 806(d) of Sarbanes Oxley, the civil whistleblower cause of action, expressly preserves any other protection that an employee might have under any other federal law, state law or collective bargaining agreement.

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