61-1-104. Reporter protected from adverse action -- Exceptions.

258 words·~1 min read·/ut/title-61/chapter-1/61-1-104·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)An employer may not take adverse action against an employee who is a reporter because of a lawful act of the employee, or a person authorized to act on behalf of the employee, to:

(a)provide original information to the division or commission in accordance with Section 61-1-103 ;

(b)initiate, testify in, or assist in any investigation, judicial action, or administrative action based on or related to original information provided to the division or commission;

(c)disclose information required or protected under:

(i)Sarbanes-Oxley Act of 2002, 15 U.S.C. Sec. 7201 et seq.;

(ii)Securities Exchange Act of 1934, 15 U.S.C. Sec. 78a et seq.;

(iii)18 U.S.C. Sec. 1513(e);

(iv)a regulation issued by the Securities Exchange Commission; or

(v)this chapter or a rule made under this chapter.

(2)Notwithstanding Subsection

(1), an employee is not protected under this section if:

(a)the employee knowingly or recklessly makes a false, fictitious, or fraudulent statement or misrepresentation;

(b)the employee uses a false writing or document knowing that, or with reckless disregard as to whether, the writing or document contains false, fictitious, or fraudulent information;

(c)the employee knows that, or has a reckless disregard as to whether, the disclosure is of original information that is false or frivolous; or

(d)the employee is protected from adverse action as described in Section 21F of the Securities Exchange Act, 15 U.S.C. Sec. 78u-6, and regulations issued under that section.

Amended by Chapter 366 , 2012 General Session