Steven J. Pearlman

Steven J. Pearlman

Proskauer Rose LLP

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OSHA Launches “Expedited Case Processing Pilot” For Whistleblower Claims

On August 1, 2016, the U.S. Department of Labor (DOL) launched a new pilot program, titled “Expedited Case Processing Pilot,” in its Western region. The program enables a complainant filing claims under whistleblower...more

8/22/2016 - ALJ DOL Federal Pilot Programs Investigations OSHA Whistleblowers

OSHA Releases Final Dodd-Frank Whistleblower Regulations

OSHA recently released its final rule implementing the whistleblower provisions of the Consumer Financial Protection Act of 2010 (“CFPA”).  The following are the key features of the rule...more

3/23/2016 - Administrative Review Board Adverse Employment Action ALJ Complaint Procedures Corporate Counsel Dodd-Frank DOL OSHA Protected Activity Retaliation Whistleblower Protection Policies

“Reasonable Cause” Standard Highlighted In OSHA’s Revised Whistleblower Investigations Manual

On January 28, 2016, OSHA issued a revised Whistleblower Investigations Manual (“Manual”) outlining procedures for the handling of retaliation complaints under the various whistleblower statutes that OSHA oversees. Chapter 3...more

2/11/2016 - Burden of Proof FOIA Investigations OSHA Public Disclosure Retaliation Whistleblowers

ARB Broadly Interprets Adverse Action Once Again

On November 24, 2015, the ARB adopted an expansive interpretation of what constitutes an adverse action for claims asserted under the Federal Railroad Safety Act of 1982 (FRSA), holding that a reduced performance rating with...more

12/23/2015 - Administrative Review Board Adverse Employment Action Federal Railroad Safety Act OSHA Performance Reviews Sarbanes-Oxley Workplace Injury

OSHA Releases FY 2015 Stats Showing An Increase In Whistleblower Claims

According to figures recently released by OSHA, there has been a general increase in the number of whistleblower cases filed in fiscal year 2015 (FY 2015), in comparison to the number of cases filed in FY 2014.  Here are some...more

11/30/2015 - CFPA Dodd-Frank OSHA Popular Sarbanes-Oxley Whistleblowers

OSHA Implements New Whistleblower Training Program for Investigators

A recent audit conducted by Inspector General (OIG) concluded that the training provided to OSHA whistleblower complaint investigators could be improved in material respects.  It found that the absence of an official training...more

10/20/2015 - Audits Investigations OIG OSHA Training Whistleblower Protection Policies Whistleblowers

OIG’s Audit Of OSHA Whistleblower Programs

On September 30, 2015, the U.S. Department of Labor’s Office of the Inspector General (OIG) published the findings of its audit of OSHA’s Whistleblower Protection Programs (Whistleblower Programs). The audit focused on (1)...more

10/9/2015 - Audit Reports DOL Enforcement Information Sharing Investigations OIG OSHA Training Whistleblower Protection Policies

Fifth Circuit Revives SOX Whistleblower Claim But Rejects Allegations Not Exhausted Before OSHA

In Wallace v. Tesoro Corp., the Fifth Circuit revived a SOX whistleblower complaint that was dismissed by the U.S. District Court for the Western District of Texas, finding that the plaintiff’s alleged belief that the company...more

8/12/2015 - Corporate Counsel Federal Rule 12(b)(6) GAAP Motion to Dismiss OSHA Reasonableness Factors Retaliation Sarbanes-Oxley SEC Whistleblower Protection Policies Whistleblowers Wire Fraud

OSHA Updates Whistleblower Manual, Focusing On Damages And Settlement Agreements

On May 21, 2015, OSHA—which has responsibility for investigating and enforcement under 22 whistleblower retaliation statutes—released an updated edition of its Whistleblower Investigations Manual (the Manual), the first such...more

6/2/2015 - Damages Employer Liability Issues Government Investigations OSHA Whistleblower Protection Policies

OSHA’s Recent Guidance on Whistleblower Retaliation Investigations

The Directorate of Whistleblower Protection Programs recently issued a guidance memorandum titled “Clarification of the Investigative Standard for OSHA Whistleblower Investigations,” for the apparent purpose of clarifying the...more

5/4/2015 - Government Investigations OSHA Popular Whistleblower Protection Policies

ARB Issues Impactful Decision On Whistleblower Retaliation Causation Standard

The ARB recently addressed the standard for proving that protected activity was a “contributing factor” in adverse employment actions. It concluded that evidence showing that an employer would have made the same adverse...more

4/30/2015 - Administrative Review Board Adverse Employment Action OSHA Protected Activity Retaliation Whistleblower Protection Policies

OSHA Issues Long-Awaited SOX Whistleblower Rule

On March 5, 2015, OSHA issued a long-awaited Final Rule regarding SOX whistleblower procedures and related matters. The new Final Rule will replace the Interim Final Rule enacted in 2011, after Dodd-Frank amended SOX. The...more

3/18/2015 - Final Rules OSHA Sarbanes-Oxley

Another Hefty OSHA Whistleblower Award + Reinstatement

On September 26, 2014, OSHA issued a preliminary order that an Illinois employer, Stericycle Inc. (the Company), reinstate and pay $262,000 to a supervisor who was discharged after allegedly reporting safety concerns to...more

10/3/2014 - Adverse Employment Action Consent Order Employer Liability Issues OSHA Reinstatement Retaliation Surface Transportation Whistleblower Awards Whistleblowers Workplace Hazards

OSHA Orders Company to Pay SOX Whistleblower Back Wages

According to its recent press release, OSHA issued a preliminary order requiring SpongeTech Delivery Systems, Inc. of New York (Company), a cleaning product company, to pay a complainant $31,835.33 in back wages based on its...more

6/19/2014 - Back Pay OSHA Sarbanes-Oxley Whistleblower Awards Whistleblowers

Another Bite At the Apple? OSHA to Notify Untimely OSH Act Whistleblowers of Potential NLRB Claims

The NLRB Office of the General Counsel recently issued a memorandum stating that the NLRB entered into a “referral agreement” with OSHA, which requires OSHA to inform whistleblowers that certain untimely filed retaliation...more

6/2/2014 - Filing Deadlines NLRB OSHA Retaliation Whistleblowers

Assistant Secretary of Labor for Occupational Safety and Health Asks Congress to Increase OSH Act Whistleblower Statute of...

On April 29, 2014, David Michaels, the Assistant Secretary of Labor for Occupational Safety and Health, testified before the U.S. Senate subcommittee of the Committee on Health, Education, Labor and Pensions regarding...more

5/7/2014 - OSHA Statute of Limitations Whistleblowers

OSHA Releases Interim Dodd-Frank Whistleblower Regulations

OSHA recently released the interim final text of regulations implementing the whistleblower protection provision (Section 1057) in Dodd-Frank. The interim final regulations establish the timing and processes for handling...more

4/14/2014 - Administrative Review Board ALJ Dodd-Frank DOL OSHA Retaliation Sarbanes-Oxley Whistleblower Protection Policies

OSHA Issues Substantial Award To SOX Whistleblower Claiming “Blacklisting”

According to a news release from OSHA, OSHA recently ordered DISH Network (the “Company”) to pay a former employee over $257,000 in back wages and compensatory damages, plus reasonable attorneys’ fees, and to expunge his...more

4/2/2014 - Blacklist OSHA Sarbanes-Oxley

OSHA Issues Another $1 Million+ Whistleblower Award, Along With Reinstatement

On November 13, 2013, OSHA issued a press release stating that it ordered Gaines Motor Lines (the “Company”) to pay a total of $1,070,123 four whistleblowers, along with reinstatement. The press release indicates that...more

11/19/2013 - Department of Transportation (DOT) OSHA Reinstatement Whistleblower Awards Whistleblowers

OSHA Awards $1.9 Million To SOX Whistleblower

On September 30, 2013, OSHA awarded more than $1.9 million to a former CFO of Clean Diesel Technologies, Inc. (the Company) (based in Ventura, California) who is not identified in OSHA’s press release. This award is based on...more

10/9/2013 - OSHA Sarbanes-Oxley Whistleblower Awards Whistleblowers

OSHA Reinstates ERA Whistleblower And Issues Daunting Preliminary Order

On May 15, 2013, OSHA determined that Enercon Services Inc. (Company), an engineering firm that provides nuclear power facilities with engineering support services, violated the whistleblower provisions of the Energy...more

5/29/2013 - Energy Reorganization Act Engineering OSHA Protected Activity Safety Violations Whistleblowers

OSHA Penalizes Another Railroad Company In Whistleblower Action

On February 28, 2013, OSHA ordered Union Pacific Railroad (UP) to reinstate the employment of and pay over $309,000 ($150,000 in punitive damages, $87,600 in compensatory damages, $71,700 in back pay with interest, plus...more

3/25/2013 - Attorney's Fees Damages Federal Railroad Safety Act OSHA Punitive Damages Safety Precautions Whistleblowers Workplace Injury

OSHA Issues Interim Final Rule on PPACA Whistleblower Provision

On February 22, 2013, the federal Occupational Safety and Health Administration (OSHA) released an interim final rule concerning the whistleblower protection provisions of The Patient Protection and Affordable Care Act...more

3/11/2013 - Affordable Care Act Healthcare OSHA Whistleblowers

OSHA Issues Stiff Penalties To Railroad Company In FRSA Whistleblower Matters

OSHA recently announced that it ordered Norfolk Southern Railway (Company) to pay three former workers a combined $1,121,099 for violating the whistleblower provisions of the Federal Railroad Safety Act (FRSA), which protects...more

3/7/2013 - Federal Railroad Safety Act OSHA Railways Safety Precautions Whistleblowers

District of Idaho: Federal District Courts Lack Jurisdiction to Enforce Preliminary Reinstatement Order

The stakes increase and the landscape changes tremendously in a whistleblower case when the Secretary of Labor (Secretary) issues a preliminary reinstatement order....more

2/6/2013 - DOL Federal Railroad Safety Act Jurisdiction OSHA Reinstatement Retaliation Sarbanes-Oxley Whistleblowers

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