News & Analysis as of

Anti-Retaliation Provisions Occupational Safety and Health Administration

Conn Maciel Carey LLP

[Webinar] Addressing Employee Complaints: Retaliation and Whistleblower Complaints with the EEOC, OSHA, and MSHA - October 1st,...

Conn Maciel Carey LLP on

Over the past several years, employers have seen a significant uptick in retaliation claims filed by employees and investigated by federal agencies. For example, in 2010, only approx. 30% of all charges filed with the EEOC...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSH Law Primer, Part VII: Refusals to Work and Whistleblower Protection

This is the seventh installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and Health...more

Littler

NLRB and OSHA Announce MOU to Strengthen Health and Safety

Littler on

On October 31, 2023, the National Labor Relations Board (NLRB) and the Occupational Safety and Health Administration (OSHA) announced that the agencies have executed a Memorandum of Understanding (MOU) “to strengthen the...more

Foley & Lardner LLP

A Review of Recent Whistleblower Developments - July 2023

Foley & Lardner LLP on

SCOTUS to Review SOX Retaliation Case Involving Burden of Proof of Retaliatory Intent - On May 1, 2023, in Murray v. UBS Securities, LLC, No. 22-660, the United States Supreme Court granted former UBS Securities employee...more

Miles & Stockbridge P.C.

Keeping Up With OSHA’s Evolving Recordkeeping and Electronic Reporting Requirements

In an era of fluctuating obligations, ramped-up enforcement and increased penalties, employers are wise to ensure they are fully compliant with current Occupational Safety and Health Administration (OSHA) recordkeeping and...more

Foley Hoag LLP

OSHA Announces Interim Final Rule on Antitrust Whistleblower Retaliation Claims

Foley Hoag LLP on

The Occupational Safety and Health Administration (“OSHA”) of the U.S. Department of Labor has released a new rule that will give antitrust whistleblowers added protection against retaliation. The new rule establishes...more

Proskauer Rose LLP

Top 10 Whistleblowing and Retaliation Events of 2022

Proskauer Rose LLP on

2022 saw highly impactful whistleblower and retaliation events primarily resulting from an active U.S. Securities and Exchange Commission, an aggressive approach taken by the Occupational Safety and Health Administration, and...more

Jackson Lewis P.C.

D.C. Court of Appeals Panel to Hear Argument for Reinstating Healthcare ETS

Jackson Lewis P.C. on

On April 4, 2022, a merits panel of the D.C. Circuit Court of Appeals will hear oral arguments on a petition seeking to force OSHA to issue a permanent standard for healthcare occupational exposure to COVID-19 and to...more

Epstein Becker & Green

#WorkforceWednesday: OSHA ETS Moves to the Sixth Circuit, Federal Agencies Join to Combat Workplace Retaliation, NY Increases...

Epstein Becker & Green on

This week, the Occupational Safety and Health Administration’s (OSHA’s) vaccine emergency temporary standard (ETS) is currently in the hands of the Sixth Circuit, while New York employers have several updates to look out for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - November 2021 #2

Infrastructure Bill Passes - Now What? Both the U.S. Senate and U.S. House of Representatives are out this week. But before they left for home, on November 5, 2021, the House of Representatives passed the Infrastructure...more

Jackson Lewis P.C.

End of California 2021 Legislative Session Brings New Laws Affecting California Employers

Jackson Lewis P.C. on

The California legislature has passed and Governor Gavin Newsom has signed a number of bills that address wage and hour practices and other issues affecting California employers. All bills take effect January 1, 2022, unless...more

Husch Blackwell LLP

OSHA Seeks Public Feedback On The Whistleblower Protection Program

Husch Blackwell LLP on

On October 13, 2021, from 2:00 – 5:00 p.m. Eastern Time, the Occupational Safety and Health Administration (OSHA) will hold a virtual meeting (via telephone and Microsoft Teams) to receive public comments and suggestions...more

Parker Poe Adams & Bernstein LLP

OSHA Raises the Standard Impacting COVID-19 Whistleblower Claims

Under Section 11(c) of the Occupational Safety and Health Act, employers are prohibited from taking adverse action against an employee because the employee has engaged in protected activity under the statute, such as filing a...more

Fisher Phillips

The Top 18 Workplace Law Stories from August 2021

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

Same Old Situation for Employers? Top 10 Takeaways as OSHA Updates COVID-19 Workplace Guidance

Fisher Phillips on

In response to the surge of delta variant cases across the country, federal workplace safety officials just issued updated guidance to help employers and workers identify current COVID-19 risks for unvaccinated or otherwise...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

COVID-19, Workplace Safety and Health, and Employee Claims of Retaliation: What’s an Employer to Do?

As of August 8, 2021, the Occupational Safety and Health Administration (OSHA) has received more than 5,558 whistleblower complaints related to COVID-19 since the start of the pandemic (and State Plans have received an...more

Proskauer - Whistleblower Defense

OSHA’s COVID-19 Emergency Temporary Standard Contains Anti-Retaliation Provision

On June 21, 2021, OSHA’s much-anticipated Emergency Temporary Standard (“ETS”) on COVID-19 protections went into effect.  While Proskauer’s Law and the Workplace blog covered the ETS in detail here, this post focuses on the...more

Smith Debnam Narron Drake Saintsing & Myers,...

Eleven Key Takeaways from OSHA’s Recent COVID-19 Workplace Guidance

Now that many of us have been vaccinated, what should employers do to ensure a safe workplace in light of lingering threats of exposure to COVID-19? On June 10, 2021, the Occupational Safety and Health Administration...more

Chambliss, Bahner & Stophel, P.C.

Health Care Providers Must Comply With OSHA's Emergency Temporary Standards by July 5

On June 10, 2021, the Occupational Safety and Health Administration (OSHA) issued its long-awaited COVID-19 Emergency Temporary Standard (ETS). A notable feature of the ETS, in addition to the timing of its issuance over a...more

McDermott Will & Emery

OSHA’s COVID-19 Requirements for Healthcare Employers Take Effect

McDermott Will & Emery on

On June 21, 2021, the US Occupational Safety and Health Administration’s (OSHA) long-anticipated Emergency Temporary Standard (ETS) for COVID-19 requirements in the healthcare industry went into effect. Most of the...more

Nilan Johnson Lewis PA

OSHA Issues First Federal COVID-19 Standard for Healthcare Employees and Updates Guidelines Protecting Spread of COVID-19

Nilan Johnson Lewis PA on

On June 10, 2021, OSHA issued an Emergency Temporary Standard (“ETS”) to ensure uniform protection for employees within the healthcare industry from exposure to COVID-19. The ETS is effective immediately upon publication in...more

Fisher Phillips

OSHA Provides New COVID-19 Workplace Guidance: The 10 Things Employers Need to Know

Fisher Phillips on

On the same day the Occupational Safety and Health Administration issued the long-anticipated Emergency Temporary Standard (ETS) applicable to healthcare employers, the agency also issued updated Guidance on Mitigating and...more

Fisher Phillips

The 7 Main Takeaways for Healthcare Employers Now That OSHA Has Finally Unveiled Its Long-Awaited COVID-19 Emergency Temporary...

Fisher Phillips on

Almost six months after President Joe Biden directed the Occupational Safety and Health Administration to determine whether emergency temporary standards (ETS) concerning COVID-19 were necessary, OSHA finally issued the...more

Jackson Walker

OSHA’s Emergency Temporary Standard for Occupational Exposure to COVID-19

Jackson Walker on

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) COVID-19 workplace safety rules have been long in the making. On June 10, 2021, OSHA finally issued those rules in the form of an Emergency...more

Pillsbury Winthrop Shaw Pittman LLP

OSHA Issues COVID-19 Rule for Health Care Industry and Guidance for Other Industries

In response to President Biden’s January 2021 Executive Order, OSHA finally issues a proposed emergency temporary standard, albeit for the health care industry only. Health care industry is to comply with most provisions...more

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