News & Analysis as of September 19, 2024

Administrative Review Board

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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 -

ARB Affirms Dismissal of SOX Whistleblower Claim for Lack of Protected Activity

Proskauer - Whistleblower Defense on 2/19/2021

On December 17, 2020, the Administrative Review Board (“ARB”) of the U.S. Department of Labor affirmed the dismissal of a former employee’s whistleblower retaliation claim under Section 806 of SOX. The ARB concluded that the...more

ARB Rejects SOX Claim Due to Complainant’s Harassment

Proskauer - Whistleblower Defense on 5/14/2018

The ARB recently affirmed a motion for summary decision against a Complainant claiming retaliatory discharge under SOX, finding that he failed to demonstrate that he engaged in protected activity and that the Company would...more

DOL Flip-Flop: SOX's Anti-Retaliation Provisions Apply to Overseas Conduct After All

Littler on 9/15/2017

In a late-August decision with potentially far-reaching implications for foreign and multinational employers, the United States Department of Labor Administrative Review Board (ARB) held that the Sarbanes-Oxley Act's (SOX)...more

ARB Broadly Interprets Adverse Action Once Again

Proskauer - Whistleblowing & Retaliation on 12/23/2015

On November 24, 2015, the ARB adopted an expansive interpretation of what constitutes an adverse action for claims asserted under the Federal Railroad Safety Act of 1982 (FRSA), holding that a reduced performance rating with...more

Fifth Circuit Rejects SOX Whistleblower Claims Not Raised in Administrative Complaint; Adopts Liberal "Reasonable Belief" Pleading...

FordHarrison on 8/12/2015

On July 31, 2015, the Fifth Circuit issued a decision that may have both a positive and negative impact on employers defending whistleblower retaliation claims under the Sarbanes Oxley Act (SOX). In this decision, the court...more

OSHA Releases Interim Dodd-Frank Whistleblower Regulations

Proskauer - Whistleblowing & Retaliation on 4/14/2014

OSHA recently released the interim final text of regulations implementing the whistleblower protection provision (Section 1057) in Dodd-Frank. The interim final regulations establish the timing and processes for handling...more

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