News & Analysis as of September 26, 2024

Occupational Safety and Health Administration › Motion to Dismiss

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The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged with assuring healthy, safe, working environments. OSHA sets and enforces safety standards and policies. Examples of OSHA's duties include setting limits on workers' exposure to hazardous substances, ensuring workers have access to safety information and protective equipment, and providing employers and workers proper training to prevent dangerous conditions. less -

District of NJ: Federal Courts Lack Jurisdiction to Enforce Preliminary Reinstatement Orders Under SOX

Proskauer - Whistleblower Defense on 7/26/2023

On April 19, 2023, the U.S. District Court for the District of New Jersey granted the defendant-employer’s motion to dismiss a complaint seeking court enforcement of a preliminary reinstatement order after determining that...more

Illinois Federal Court Grants Motion to Dismiss SOX Whistleblower Claim

Proskauer - Whistleblower Defense on 5/4/2023

On February 28, 2023, the U.S. District Court for the Central District of Illinois granted a defendant-employer’s motion to dismiss a SOX whistleblower retaliation claim, holding that the plaintiff failed to adequately plead...more

Ga. District Court Dismisses Dodd-Frank and SOX Whistleblower Claims

Proskauer - Whistleblower Defense on 10/27/2020

On September 30, 2020, the U.S. District Court for the Northern District of Georgia granted an employer’s motion to dismiss a Dodd-Frank whistleblower claim on the ground that the alleged whistleblower did not complain to the...more

Plaintiffs Struggle To Prove Meat And Potatoes Of Antitrust Case As COVID-19 Throws Market Into Further Disarray

Vinson & Elkins LLP on 6/5/2020

Class actions in the pork and cattle industry foreshadow probable antitrust enforcement and defense strategies against the backdrop of COVID-19, which has caused meat processing plant closures, severe disruptions to the...more

Whistleblower Complaint Dismissed Based on Employer’s Reasonable Steps to Ensure Employee Safety

Morgan Lewis - Up & Atom on 4/3/2020

The US Department of Labor (DOL) Administrative Review Board (ARB) recently issued a decision in the case of Evans v. US Environmental Protection Agency, ARB Case No. 2017-0008, ALJ Case No. 2008-CAA-00003 (ARB Mar. 17,...more

Alabama Federal Court Partially Grants Motion to Dismiss SOX Claim On Exhaustion Grounds

Proskauer - Whistleblower Defense on 6/12/2018

On May 29, 2018, the U.S. District Court for the Northern District of Alabama granted a motion to dismiss in part Plaintiff’s whistleblower retaliation claims under SOX on the grounds that the Plaintiff failed to exhaust his...more

S.D. Fla. Refuses To Dismiss SOX and Dodd-Frank Whistleblower Claims

Proskauer - Whistleblower Defense on 10/24/2017

The Southern District of Florida recently denied a Rule 12(b)(6) motion to dismiss a former employee’s Sarbanes-Oxley and Dodd-Frank whistleblower retaliation claims, finding that the plaintiff sufficiently alleged that she...more

OSHA Withdraws Fairfax Memo

Fisher Phillips on 5/1/2017

OSHA has provided notice, in the context of an on-going federal lawsuit, (National Federation of Independent Businesses v. Dougherty, N.D. Tex., No. 16-2568, 4/27/17), that it has rescinded the interpretation letter and...more

Business Group Challenge to OSHA Interpretation Survives Motion to Dismiss and Leaves Serious Questions About Continued Viability...

Seyfarth Shaw LLP on 2/14/2017

Seyfarth Synopsis: In a victory for employers, a Texas federal court has refused to dismiss a lawsuit challenging an OSHA interpretation under which non-employee union representatives were permitted to participate in OSHA...more

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

Proskauer - Whistleblower Defense on 8/12/2015

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

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Occupational Safety and Health Administration › Motion to Dismiss

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