News & Analysis as of September 20, 2024

Protected Activity

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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 -

Snapshot on Workplace Safety: Will SCOTUS Whistleblower Ruling Have Broader Impact on OSHA Investigations?

Fisher Phillips on 2/23/2024

Welcome to this edition of the FP Snapshot on workplace safety, where we take a quick snapshot look at a recent significant workplace law development that affects your safety and health programs. This edition is devoted to...more

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

4th Circuit Vacates ARB SOX Whistleblower Decision for Lack of Protected Activity

Proskauer - Whistleblower Defense on 7/22/2019

On June 13, 2019, the Fourth Circuit overturned the ARB’s decision in favor of a complainant, ruling that the plaintiff had not engaged in protected activity under the SOX whistleblower protection provision by complaining of...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

OSHA Addresses Sarbanes-Oxley Whistleblower Releases

Stinson - Corporate & Securities Law Blog on 9/26/2016

We have written about SEC enforcement actions related to severance and confidentiality agreements that restrict reporting matters to the SEC. OSHA has also issued guidance regarding settlement agreements with whistleblowers...more

OSHA Continues to Turn Up the Volume on Whistleblowing

Littler on 4/5/2016

Rushing to put final rules in place before the current Administration’s term ends, on March 17, 2016, the Occupational Safety and Health Administration (OSHA) published its final rule for implementing the whistleblower...more

A Review of Recent Whistleblower Developments

Foley & Lardner LLP on 10/5/2015

Second Circuit Splits from Fifth Circuit on Whistleblower SEC Reporting Obligations On September 10, 2015, the Second Circuit in Berman v. Neo@Ogilvy LLC, 2015 U.S. App. LEXIS 16071 (2d Cir. 2015), ruled that...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

Third Circuit Panel Liberalizes "Protected Activity" Immunity for Employees Claiming Whistleblower Status

Saul Ewing Arnstein & Lehr LLP on 4/24/2013

The popular image of the American corporate whistleblower, as depicted in Hollywood box-office smashes such as The Insider and Michael Clayton, is a courageous hero who reports corporate wrongdoing, often at the risk of...more

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Occupational Safety and Health Administration › Sarbanes-Oxley › Protected Activity

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