Anti-Retaliation Provisions

News & Analysis as of

Employers Should Review Their Drug Testing Policies To Avoid Possible OSHA Penalties

Effective November 1, 2016, employers now face several new requirements from OSHA relating to injury and illness reporting. Among other requirements that went into effect, employers should now post OSHA’s “It’s the Law”...more

OSHA's Enforcement of New Anti-Retaliation Provisions Commences on December 1, 2016, as Industry's Request for Preliminary...

The Occupational Safety and Health Administration’s (OSHA) vague, broad and controversial new anti-retaliation regulations prohibiting employers from retaliating or taking adverse action against employees who report injuries...more

OSHA’s New Anti-Retaliation Workplace Illness and Injury Reporting Rule: How Employers Can Prepare

On November 28, 2016, the U.S. District Court for the Northern District of Texas denied a preliminary injunction that sought to block the nationwide implementation of the new Occupational Safety and Health Administration’s...more

OSHA’s New Rule Will Impact Employer Post-Accident Drug Testing Policies

On November 28, 2016, a Texas federal judge denied a request for a preliminary injunction, which sought to enjoin implementation of the anti-retaliation provisions of the Occupational Safety and Health Administration’s...more

Federal Court Denies Motion For Preliminary Injunction Of Anti-Retaliation Provisions of OSHA Reporting Rule

Yesterday, a federal judge denied a preliminary injunction filed by several businesses and business groups regarding the anti-retaliation portion of OSHA’s final rule regarding injury and illness reporting. As previously...more

The SEC’s Annual Report on the Dodd-Frank Whistleblower Program Shows Increased Activity

On November 15, 2016, the Securities and Exchange Commission (SEC) released its Annual Report on the Dodd-Frank Whistleblower Program. The Whistleblower Program was established by Section 21F of the Dodd-Frank Act, which...more

Court Allows OSHA’s Reporting Rule To Proceed As Scheduled Although Rule Can Still Be Challenged, December 1 Effective Date Is On...

On November 28, a Texas federal court judge issued a ruling that cleared the way for the whistleblower provisions of the new Occupational Safety and Health Administration (OSHA) Recordkeeping Rule to take effect as scheduled....more

Seventh Circuit Rejects False Claims Act and Retaliation Claims Premised on Purported Breach of Contract

On October 11, 2016, the Seventh Circuit confirmed that there is no violation of the False Claims Act (“FCA”) where the defendant allegedly violated a self-imposed requirement that was not mandated by its contract with the...more

Arizona Now Requires Paid Time Off and a Higher Minimum Wage

Arizona voters recently passed AZ Prop 206 – the Fair Wages & Healthy Families Act – by a significant margin. Prop 206 increases the minimum wage in Arizona to: - $10.00 per hour on January 1, 2017 - $10.50 per hour on...more

Texas Court Declines to Enjoin OSHA's Anti-Retaliation Rules

In the last few weeks, federal courts in Texas have been the center of attention, deciding what rules and regulations of the current administration may fall to legal challenges asserted in the jurisdiction by collections of...more

Court Refuses To Block OSHA’s New Anti-Retaliation Rule That Restricts Post-Accident Drug Testing And Safety Incentive Programs

A federal judge in Dallas, Texas, decided Monday that the Occupational Safety and Health Administration could begin enforcing the anti-retaliation provisions of its new “Reasonable Reporting Procedure” rule starting tomorrow...more

OSHA, Drugs, and Rock ‘n’ Roll: A Musical Soundtrack to OSHA’s NewDrug Testing and Anti-Retaliation Rule

It’s the first of December. Significant changes in workplace safety law take effect today. OSHA’s new drug testing and anti-retaliation rule, which alters the circumstances when drug testing can be conducted and...more

Federal Judge Refuses to Block New OSHA Anti-Retaliation Rule from Taking Effect Tomorrow

A federal judge has refused to issue a preliminary injunction to block OSHA’s new anti-retaliation and discrimination rule from taking effect as scheduled. This means that tomorrow, December 1, the rule prohibiting employers...more

OSHA’s Regulation of Post-Accident Drug and Alcohol Testing to Become Effective, For Now

On November 28, 2016, a federal district court issued an order that allowed OSHA to move forward with implementation of its controversial standards related to mandatory post-accident drug testing programs and incident-based...more

Court Denies Motion to Stay OSHA’s Enforcement of Anti-Retaliation Elements of E-Recordkeeping Rule

On November 28, 2016, the federal district court Judge in the Northern District of Texas hearing Industry’s legal challenge to the anti-retaliation portions of OSHA’s new electronic recordkeeping rule (i.e., limits on injury...more

OSHA Anti-Retaliation Rule Will Take Effect December 1

A federal judge on November 28 refused to block implementation of the anti-retaliation provisions of OSHA’s recordkeeping and reporting rule scheduled to take effect December 1, 2016. The business groups challenging the rule...more

OSHA Update: Court Allows OSHA’s New Anti-Retaliation Rules To Stand – At Least For Now

On November 28, 2016, the United States District Court for the Northern District of Texas denied a request for a preliminary injunction to prevent enforcement of OSHA’s controversial new anti-retaliation rules. The plaintiffs...more

Court Denies Temporary Injunction on OSHA’s Electronic Reporting Regulation

On November 28, 2016, a federal district judge rejected several industry groups’ attempt to halt certain aspects of the Occupational Safety and Health Administration’s (OSHA) Improve Tracking of Workplace Injuries and...more

Court Denies Preliminary Injunction on New OSHA Rules on Drug-Testing, Retaliation Claims, and Accident Reporting

Seyfarth Synopsis: The Federal District Court has denied industry’s request to enjoin OSHA’s new rules on mandatory post-accident drug screenings and safety incentive programs, workplace retaliation, and requiring employers...more

Court Declines to Enjoin OSHA Drug Testing and Safety Incentives Under the Electronic Recordkeeping Reporting Rule

On a very limited legal basis, a federal district court has declined to enjoin the U.S. Occupational Safety and Health Administration from enforcing portions of its new recordkeeping rule related to potentially retaliatory...more

OSHA Issues Guidance on Recordkeeping Anti-Retaliation Rule Even with Fate of the Rule in Question

OSHA’s new electronic injury recordkeeping rule includes anti-retaliation provisions that create new employer obligations and prohibitions related to internal employee injury reporting procedures, and expands OSHA’s...more

New York State Office of the Medicaid Inspector General Releases Guidance on Compliance Program Reviews

In the 1990s, as part of the Federal Sentencing Guidelines, the U.S. Sentencing Commission developed for the first time the criteria upon which it will view an organization’s compliance program to be “effective.” In October...more

Deadline To Comment On Pay Transparency Language Is Next Tuesday

Last chance! The deadline to comment on the Interim Rule that adds pay transparency language to government contracts is this coming Tuesday, November 29. On September 30, 2016, the U.S. Department of Defense, General...more

Did These 10 OSHA Rules and Initiatives Die With the Election of Donald Trump?

The election of Donald Trump surprised some Americans. In the days since his victory, our firm’s lawyers have fielded numerous questions from employers regarding what changes to workplace law they can expect under the Trump...more

EMTALA Anti-Retaliation Rule Narrower Than You Might Think

Regional Care Hospital fired Marie Gillispie because she was outspoken in telling hospital management that it was required to report an incident of patient dumping and had violated EMTALA by failing to do so. At least that’s...more

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