This article will discuss the unique complexities associated with whistleblower laws and programs in the United States. It will focus on discussion of the myriad of current federal and state laws created because of concern over risks in this area. The goal of this article is to compare state and federal legislation, for the purpose of identifying the states that offer the best protection to whistleblowers as well as identifying any states that offer better protection to whistleblowers than federal law currently provides.

As the Family Medical Review Act (FMLA) approaches its 20th year, employers continue to face a costly and burdensome policy that often yields confusing outcomes in the courtroom. For example, in disagreement with the Department of Labor's understanding of FMLA, the courts have determined that a period of unemployment may sometimes be ignored when determining eligibility. Likewise, in certain situations, time spent at a previous and different employer may also count toward FMLA eligibility. With 52% of employees using FMLA and the cost of defense amounting to $80,000 per claim, employers will greatly benefit from developing an FMLA strategy, possibly to include punishment.

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