Anti-Retaliation Provisions

News & Analysis as of

New OSHA Reporting and Anti-Retaliation Rules

On May 11, 2016, the Occupational Safety and Health Administration (OSHA) finalized a rule which will expand employer requirements to record and submit records of workplace injuries and illnesses. The final rule also contains...more

“Defend Trade Secrets Act” Signed Into Law Effective May 11, 2016

The Defendant Trade Secrets Act of 2016 (“DTSA”), was signed into law by President Obama on May 11, 2016. The new statute creates broad private federal cause of action for trade secret misappropriation and has been hailed as...more

OSHA Publishes New Electronic Reporting Requirement for Workplace Injuries To "Nudge" Employers to Prevent Such Incidents

In November 2013, in response to a Bureau of Labor Statistics report than an estimated three millions workers were injured on the job in 2012, the U.S. Department of Labor’s Occupational Safety and Health Administration...more

New OSHA Recordkeeping and Reporting Requirements to Take Effect August 2016

On May 11, 2016, the Occupational Safety and Health Administration (“OSHA”) finalized a recordkeeping and reporting rule to “modernize injury data collection to better inform workers, employers, the public, and OSHA about...more

OSHA Issues Final Electronic Recordkeeping Rule for Injuries

On May 11, 2016 the U.S. Occupational Safety and Health Administration (OSHA) issued a final rule which requires certain employers to electronically submit information regarding workplace injuries and illnesses which then –...more

OSHA’s New Final Rule on Reporting Work-Related Injuries and Illnesses May Have Far-Reaching Consequences for Employers

On May 11, 2016, the Occupational Safety and Health Administration (“OSHA”) issued a new final rule governing the tracking and reporting of workplace injuries and illnesses. The new rule, which takes effect, in part, on July...more

OSHA Electronic Recordkeeping Rule Creates Significant Reporting Requirements, Potential Enforcement Risks

OSHA issues long-anticipated amendments to its recordkeeping regulations. On May 12, the Occupational Safety and Health Administration (OSHA) issued its long-anticipated amendments to its recordkeeping regulations. Most...more

OSHA New Reporting Requirements and Anti-Retaliation Rules for Workplace Safety Violations

On May 11, 2016, the Occupational Safety and Health Administration (OSHA) issued a final rule intended to inform workers, OSHA and the public about workplace hazards that occur at an employer’s worksite. Under the new rule,...more

New OSHA Rules Require Electronic Reporting of Workplace Injury Records

Action Item: Employers must be aware of new Occupational Safety and Health Administration rules that require electronic submission of workplace injury and illness records and strengthen the anti-retaliation protections for...more

OSHA Issues Final Rule Regarding Injury and Illness Reporting

Yesterday, OSHA issued its long-anticipated final rule regarding injury and illness reporting. The final rule generally requires employers to submit electronically certain injury and illness information. OSHA will place that...more

Another Statute With Broad Whistleblower Protections - The FDA's Food Safety Modernization Act (FSMA)

In April, the U.S. Occupational Safety and Health Administration (OSHA) issued its final rule governing unlawful retaliation against workers who complain about or disclose food safety concerns to their employer or to OSHA....more

New Federal Workplace Safety Rules Announced May 11

The Occupational Safety and Health Administration (OSHA) on Wednesday, May 11, finalized a new recordkeeping and reporting rule that requires employers in certain industries to electronically submit injury and illness...more

OSHA Issues Rule Requiring Employers to Publish Workplace Injuries

The Occupational Safety & Health Administration (OSHA) has issued a new rule requiring certain employers to submit electronic copies of their OSHA Injury and Illness Logs so OSHA can publish employers’ Logs on OSHA’s public...more

OSHA's Final Rule on Electronic Tracking of Workplace Injuries and Illnesses

In keeping with Assistant Secretary of Labor Dr. David Michaels’ promise to “shame” employers into compliance, on May 12, 2016, the Occupational Safety and Health Administration (OSHA) published its final rule on electronic...more

OSHA Issues New Electronic Recordkeeping Requirements and Creates a New Cause of Action for Employees

The Occupational Safety and Health Administration (OSHA) has amended its recordkeeping regulation, 29 CFR Part 1904, to require many employers to submit OSHA 300 Logs, OSHA 301 forms, and OSHA 300A summaries to the agency...more

Five Ways to Foster a “Speak-Up” Culture within Your Company

An effective compliance program is essential for all companies. However, the success of any compliance program hinges largely on employee participation and the support and promotion of compliance by management. One important...more

What Employers Need to Know About Pennsylvania's New Medical Marijuana Act

SB3, the Pennsylvania Medical Marijuana Act, was signed into law last week. Employers need to take note because employees have protections in the workplace under this Act, and the law specifically sets forth parameters on how...more

OSHA Publishes Food Safety Whistleblower Final Rule

The U.S. Occupational Safety and Health Administration (OSHA) published its final rule April 18, 2016 setting forth the procedures for retaliation complaints arising under the Food and Drug Administration Food Safety...more

PA’s Medical Marijuana Act: Challenges for Employers

Pennsylvania became the latest state to legalize medical marijuana when Governor Tom Wolf signed the Pennsylvania Medical Marijuana Act into law last week. The statute, which had bipartisan support, establishes a medical...more

As Retaliation Claims Rise, Employers Face New Challenges Under Employment, OSHA and Health Care Laws

As we discussed in a recent webinar, employers are facing an increased risk of defending a retaliation complaint as administrative policy changes and expansive federal laws make asserting these claims easier for employees....more

Yes, Attorneys Too Can Blow the Whistle: But When and How Hard?

According to the United States Securities and Exchange Commission (“SEC” or the “Agency”), an attorney – or any individual, for that matter – should not have to first report misconduct to the SEC to fall under the protections...more

Can You Hear The Whistle Blowing?: OECD Releases Report On Global Whistleblower Protections

The Organisation for Economic Cooperation and Development (“OECD”), an international organization whose goal is to promote policies that will improve the economic and social well-being of people across the world, recently...more

Medical Marijuana is Legal in Pennsylvania . . . Does Your Drug Testing Policy Have to Go Up in Smoke?

On April 17, 2016, Pennsylvania Governor Tom Wolf signed the Medical Marijuana Act (MMA), which legalizes medicinal marijuana in Pennsylvania. The MMA, which takes effect on May 17, 2016, includes various provisions related...more

The New California Regulations Part IV: Support Animals in the Workplace

The California Office of Administrative Law recently approved regulations drafted by the California Fair Employment and Housing Council. These new regulations, covering the entire gamut of employment law topics within the...more

Weekly Update Newsletter - April 2016 #2

DEPARTMENT OF LABOR - Procedures for Handling Retaliation Complaints - This rule establishes the final procedures and time frames for the handling of retaliation or whistleblower complaints under FDA Food Safety...more

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