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Whistleblowing / US law

US whistleblower laws: SOX, Dodd-Frank, the False Claims Act and OSHA

There is no single US whistleblower law. Sarbanes-Oxley tells the audit committee what to have, Dodd-Frank and the Department of Justice pay employees to report outside the company, and 25 federal statutes and the states punish retaliation. Confide is built to make the internal route one employees trust enough to use.

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What the law makes you have

A confidential, anonymous route to the audit committee

Section 301 of Sarbanes-Oxley requires each audit committee to establish procedures for “the confidential, anonymous submission by employees of the issuer of concerns regarding questionable accounting or auditing matters”. Confide takes those concerns by web form, voice, QR code and email, anonymously if the employee chooses, and routes each one to the people the committee names.

An internal route that answers faster

The SEC received about 27,000 tips and paid more than USD 60 million to 48 whistleblowers in its 2025 financial year, and under the DOJ's pilot program an employee who reports internally stays eligible for an award by also going to the department within 120 days. Confide acknowledges the report, puts Echo's follow-up questions to the reporter and shows them what is being done, so the internal route is the faster one.

Non-retaliation that survives the contributing-factor test

Since Murray v. UBS in February 2024, a SOX whistleblower need not prove retaliatory intent, only that the report was a contributing factor in what happened next, and a Dodd-Frank whistleblower recovers double back pay. Confide locks anyone named in a report out of it automatically and writes every access to an immutable record, so who knew, and when, is answered before a complaint is filed.

The requirements, and how Confide meets them

RequirementWhat the law says
Confidential, anonymous submissions to the audit committeeSOX s.301, 15 U.S.C. 78j-1(m)(4)IncludedAnonymous web form, voice, QR code and email
Receipt, retention and treatment of complaintsSOX s.301(A), accounting, controls and auditing mattersIncludedEvery complaint in one case record
Non-retaliation, contributing-factor standardSOX s.806, 18 U.S.C. 1514A. Murray v. UBS, 8 Feb 2024: no retaliatory intent neededIncludedAnyone named locked out automatically
Double back pay for SEC reportersDodd-Frank s.922(h), 2 times back pay with interestIncludedEvery access on an immutable record
Filing windows for retaliation complaintsSOX s.806, 180 days. OSH Act s.11(c), 30 daysIncludedEvery step dated on the case
Self-disclosure within 120 days of an internal reportDOJ CEP: within 120 days and before the DOJ makes contactIncludedEscalation task set at intake
No waiver of awards, no no-complaint representationsRule 21F-17, Two Sigma, 16 Jan 2025IncludedAgreement wording reviewed at kick-off
Whistleblower-rights notices posted and distributedCal. Labor Code 1102.5, model notice. NJ CEPA, English and SpanishIncludedReporting in Spanish and 30+ languages
Anti-retaliation program elementsOSHA 3905, five elements, advisoryIncludedRetaliation cases reported beside every category
Records that stand up in an investigationSOX s.806, assisting an investigation is protectedIncludedImmutable record, legal hold, roles
Fraud against the government found inside firstFalse Claims Act, relators receive 15 to 30 percentIncludedCompose drafts the disclosure
Federal employeesWhistleblower Protection Act, 5 U.S.C. 2302(b)(8)IncludedRoles, SSO, SCIM and MFA for agency rollouts

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Why teams in the US choose Confide

+50%

Reports arrive ready to investigate

A company that self-discloses within 120 days of an internal report, and before the DOJ contacts it, stays eligible for a declination if it also cooperates and remediates. The clock starts when the report arrives, not when it makes sense. Echo asks its follow-up questions at intake, so 50% more reports arrive ready to investigate before counsel opens them.

1 day

Standard setup in one day

A standard Confide setup takes one day and an enterprise rollout three to six weeks, so the audit-committee route and the record behind it are live before the next committee meeting, not after the next SEC tip.

USD 0

Nothing per user, nothing per case

One annual fee from USD 2,000 by headcount covers unlimited users and cases, so an issuer and every subsidiary whose financial information is consolidated into its statements, each of them inside section 806, pay nothing per entity, per user or per report.

Making the internal route the one people choose

From a hotline the audit committee signed off years ago to a program employees trust enough to use, in the order the statutes and the DOJ's clock set it.

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  1. Kick-off with a compliance expert

    A Confide compliance expert works through which of your entities are issuers under section 12 or 15(d) of the Exchange Act and which subsidiaries are consolidated into their statements, which of the 25 statutes OSHA enforces reach your sector, which states you employ in, and whether government contracts or federal health care billing put you inside the False Claims Act.

  2. The audit-committee route and anonymity

    Web form, voice report, QR code and email intake go live in the languages your people use, each accepting anonymous reports and two-way follow-up. Concerns about accounting, internal controls or auditing matters route to the people the audit committee names, and the receipt, retention and treatment section 301 asks for happens inside the case record.

  3. The 120-day clock and escalation

    Every report is dated the moment it arrives. Reports that could involve fraud against the United States, foreign or domestic corruption, health care offenses or sanctions are escalated to counsel on a task set at intake, so the decision whether to self-disclose is taken inside the DOJ's 120-day window. Sentinel answers across every case with citations and Compose drafts the disclosure.

  4. Agreements and policy wording reviewed against 21F-17

    Separation agreements, NDAs and the policy itself are read against SEC Rule 21F-17, the rule J.P. Morgan Securities paid USD 18 million for breaching in January 2024, seven companies settled in one September 2024 sweep, and Two Sigma's USD 90 million order of January 2025 also covered. Nothing waives an award or asks a leaver to represent that they have made no complaint, and nothing prevents disclosure to a government agency, which California Labor Code 1102.5 forbids outright.

  5. Training on the contributing-factor standard

    Managers learn what Murray v. UBS settled: the employee does not have to prove retaliatory intent. Once the employee shows the report was a contributing factor, the company must prove, by clear and convincing evidence, that it would have acted the same way. Training follows the fourth of OSHA's five elements, and a complaint of retaliation opens as a new case for someone outside the original team.

  6. Board reporting

    The audit committee sees what came in, how long each report took to acknowledge, what was done, and the number and outcome of retaliation complaints beside every other category, the program oversight OSHA lists as its fifth element. Internal reporting raises an SEC award under Rule 21F-6 and interference with it lowers one, so the record shows the committee which it was.

US whistleblowing law FAQ

What laws protect whistleblowers in the United States?
No single one. Section 806 of Sarbanes-Oxley protects employees, contractors and agents of public companies and their consolidated subsidiaries who report fraud against shareholders. Dodd-Frank protects and pays people who report securities violations to the SEC. The False Claims Act lets a person sue on the government's behalf over fraud against the United States. OSHA enforces the anti-retaliation provisions of 25 federal statutes, from workplace safety to anti-money laundering. The Whistleblower Protection Act covers federal employees, and every state adds its own law. Which applies depends on who the employer is, what was reported and where the report went.
What is the Whistleblower Protection Act?
The federal employee statute, at 5 U.S.C. 2302(b)(8). It makes it a prohibited personnel practice to take or threaten action against a federal employee because of a protected disclosure. Complaints go to the Office of Special Counsel and appeals to the Merit Systems Protection Board. The Special Counsel was removed on 7 February 2025 and a successor, Charles Baldis, sworn in on 7 August 2026, and the Board was without a quorum from April to October 2025. The Act does not apply to private employers, whose employees rely on the laws above.
What does Sarbanes-Oxley require of a company's reporting program?
Two things. Section 301 requires each audit committee of a listed issuer to establish procedures for the receipt, retention and treatment of complaints about accounting, internal accounting controls or auditing matters, and for the confidential, anonymous submission by employees of concerns about questionable accounting or auditing matters. Section 806 then protects anyone who provides information or assists an investigation into mail, wire, bank or securities fraud, an SEC rule or fraud against shareholders, whether they go to a federal agency, Congress or a supervisor. A complaint goes to OSHA within 180 days, and if there is no final decision in 180 days the employee can sue in federal court for reinstatement, back pay with interest and costs.

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Can an employee get a reward for reporting to the SEC?
Yes. Under section 922 of Dodd-Frank the SEC pays 10 to 30 percent of sanctions collected in an action with monetary sanctions above USD 1 million. In its 2025 financial year it paid more than USD 60 million to 48 people from about 27,000 tips, and since its first award in 2012 more than USD 2.2 billion. The largest single award was nearly USD 279 million in May 2023. The CFTC runs the same program for commodities and the DOJ's pilot program pays up to 30 percent of the first USD 100 million forfeited in corporate cases in the areas it covers, where net forfeiture exceeds USD 1 million. Two things matter for the employer: under Digital Realty v. Somers, in February 2018, Dodd-Frank's retaliation protection only covers people who reported to the SEC, and under Rule 21F-6 reporting internally first increases the award.
How long does an employee have to file a retaliation complaint?
It depends on the statute, and the windows are short. Under section 11(c) of the OSH Act a complaint must be filed within 30 days. Under Sarbanes-Oxley it is 180 days from the violation or from the day the employee became aware of it, to OSHA. Under Dodd-Frank a whistleblower who reported to the SEC has six years from the violation or three from discovery, never more than ten. New York Labor Law 740 gives two years and New Jersey's Conscientious Employee Protection Act one. OSHA docketed 2,701 complaints under section 11(c) and 314 under Sarbanes-Oxley in the 2026 fiscal year.

Guide to whistleblower retaliation →

Do state laws add anything?
Yes, and they vary, so this page covers three and your own states need their own reading. California Labor Code 1102.5 forbids any policy preventing an employee from disclosing to a government agency, a supervisor or an investigator, protects an employee the employer merely believes may disclose, carries a civil penalty of up to USD 10,000 per employee per violation, and since 1 January 2025 is satisfied by the Labor Commissioner's model notice. New York Labor Law 740, as amended from 26 January 2022, covers former employees and contractors, allows a jury trial, front pay and punitive damages, and asks for good-faith notice to the employer before going to a public body. New Jersey's CEPA protects an employee who objects to or refuses to join a practice they reasonably believe unlawful, with fines up to USD 20,000 and notices displayed and distributed annually in English and Spanish.

The internal route people choose

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