The Scope Of Whistleblower Protections Under Sarbanes-Oxley: Are Privately Held Companies Covered ? - Part II

Ramifications For Privately Held Companies

OSHA’s Final Rule governing procedures for handling SOX whistleblower complaints defines “employee” as “an individual presently or formerly working for a [publicly traded] company or company representative, an individual applying to work for a [publicly traded] company or company representative, or an individual whose employment could be affected by a publicly traded company or company representative. 29 C.F.R. §1980.101 (2005) (emphasis added).1 The regulations further provide that “Company representative means any officer, employee, contractor, subcontractor, or agent of a company.” 29 C.F.R. §1980.101.