Anti-Retaliation Provisions

News & Analysis as of

Illinois Domestic Workers Now Guaranteed Certain Employment Rights

On August 12, 2016, Illinois Governor Bruce Rauner signed the Domestic Workers’ Bill of Rights Act (House Bill 1288) (the “Act”) on behalf of domestic workers employed in private homes or residences into law. With the passage...more

DOE Clarifies Whistleblower Protections in Proposed Rule Revision

Department of Energy contractors and subcontractors may be subject to additional civil penalties. The US Department of Energy (DOE) recently published proposed revisions to its procedural rules for nuclear activities in...more

Seattle Mayor’s Office Proposes Predictable Scheduling Law

The Seattle Mayor’s Office has proposed a Secure Scheduling Proposal that would require certain large employers operating within Seattle city limits to give their hourly workers advance notice of their schedules and to pay...more

Does New Jersey's Conscientious "Everyone" Protection Act Trump the NLRB's Exclusive Jurisdiction? State Supreme Court says "Yes"...

Executive Summary: Just when employers thought New Jersey's Supreme Court could not expand the state's whistleblower law further (as we reported last summer), the Conscientious Employee Protection Act (CEPA) once again has...more

San Diego Sick Leave Amendments: Cure for or Cause of Employer Ills?

San Diego’s Earned Sick Leave and Minimum Wage Ordinance has been amended less than two months after its July 11, 2016 effective date. The amendments, instituted via the oddly-titled “Implementing Ordinance,” plug gaps the...more

Watch Out For OSHA’s New Anti-Retaliation Injury Reporting Procedure

A little known subsection of a new OSHA regulation can significantly impact, and may require changes to: 1) employer post-accident drug testing programs, 2) employer policies about employee injury reporting, and 3) employer...more

Whistleblowing Toolkit

In October last year, the FCA and PRA published policy statements containing new rules on whistleblowing. These are designed to encourage a culture in which individuals can safely raise concerns and challenge poor practice...more

Will Post-Accident Drug Testing Still Be Allowed Under New OSHA Rules?

When the Occupational Safety and Health Administration (OSHA) announced its May 2016 Electronic Recordkeeping Rule, most employers focused on the Rule’s increased reporting requirements and the imminent public posting of...more

Employers: August 10th Deadline to Comply with Updated OSHA Rule

In May, the Occupational Safety and Health Administration (OSHA) published its final rule on electronic reporting of workplace injuries and illnesses. The new rule enhances an employer’s obligation to ensure that employees...more

In Limbo: Fate of New OSHA Anti-Retaliation Rules Still Uncertain

As reported by HR Legalist, the Occupational Safety and Health Administration (OSHA) announced a set of new recordkeeping and reporting rules in May 2016. A central provision of the new rules, which requires employers of a...more

Compliance Deadline for OSHA Workplace Safety Reporting Anti-Retaliation Regulations Extended to November 1, 2016

The compliance deadline for OSHA regulations designed to encourage workplace safety reporting and discourage employer retaliation has been extended from August 10 to November 1, 2016. The delay follows a legal challenge to...more

OSHA U.S. Steel Settlement Adopts Reporting Rules Anti-Retaliation Provisions

In May of this year, OSHA announced a final rule which requires electronic reporting and public disclosure of companies' injury data, and also, a provision that prohibits employers from discriminating against workers or...more

Protecting Food Industry Whistleblowers: FDA, OSHA team up under FSMA

In 2011, when the Food Safety Modernization Act was passed, it sought to revamp food safety in the United States. Since then, the Food and Drug Administration (FDA) has been hard at work passing regulations to implement the...more

New OSHA Rule Creates Concern for Employers’ Drug and Alcohol Testing Policies

As we reported in May 2016, OSHA recently published a rule that phases in new requirements for employers. Certain portions of the rule that protect employees against retaliation for reporting injuries and illnesses are giving...more

OSHA Provides Guidance On Its New “Reasonable Reporting Procedure” Rule

The recent settlement of a whistleblower case brought under Section 11(c) of the Occupational Safety and Health Act has provided the first guidance by OSHA of its expectations under the new §1904.35 “Reasonable Reporting...more

OSHA Delays Enforcement of Portions of New Recordkeeping Rules

In response to employer complaints and a new federal lawsuit, on July 13, the federal Occupational Safety and Health Administration announced a delay in enforcement of the non-retaliation portions of its new injury and...more

New OSHA Rule May Require Employers to Update Drug-Testing Policies

The Occupational Safety and Health Administration’s (OSHA) new reporting rule goes into effect August 10, 2016. Although it does not expressly address post-accident drug testing, OSHA’s commentary related to the new rule...more

OSHA Settlement May Point Direction on Injury Reporting Policies

Earlier this year, the Occupational Safety and Health Administration (OSHA) signaled an intention to take employers to task for maintaining policies that required employees to immediately report workplace injuries and...more

Los Angeles Continues Municipal Trend and Enacts Paid Sick Leave Ordinance

On July 1, 2016, Los Angeles introduced its own paid sick leave ordinance as part of the Los Angeles Minimum Wage Ordinance. The requirements of this ordinance are in addition to California’s state-wide paid sick leave...more

OSHA Delays Enforcement of New Reporting Requirements for Drug & Alcohol Testing

As previously reported, OSHA’s latest revisions for covered employers will dramatically impact routine post-accident drug testing programs. The new rules are available for review here, but here’s what you need to know...more

UPDATE: Deadline for OSHA Anti-Retaliation Provisions delayed to November 1, 2016

As an update to last week’s blog post [Mark Your Calendar! Deadline on New OSHA Recordkeeping Rule is Around the Corner], the initial deadline to comply with OSHA’s new anti-retaliation provisions has been pushed back from...more

OSHA Delays Implementation of New Anti-Retaliation Regulations in Light of Legal Challenge

On July 13, 2016, OSHA announced its decision to delay implementation of the anti-retaliation provisions from its new injury and illness tracking rule until November 1, 2016. As Bryan Cave recently discussed, the rules had...more

New OSHA Rule Impacts Employer Drug Testing Policies

On May 12, 2016, the U.S. Occupational Safety and Health Administration (OSHA) published its new final rule to "Improve Tracking of Workplace Injuries and Illnesses." The new rule is meant to prevent employers from...more

OSHA Delays Effective Date of New Anti-Retaliation Rule

OSHA has announced that it will delay the implementation of its new anti-retaliation rule from August 10 to November 1, 2016, in order “to conduct additional outreach and provide educational materials and guidance for...more

Mark Your Calendar! Deadline on New OSHA Recordkeeping Rule is Around the Corner

Employers should note the August 10, 2016, deadline for compliance with the anti-retaliation provisions of the Occupational Safety and Health Administration’s (OSHA) new electronic recordkeeping and reporting rules. Other...more

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