News & Analysis as of

Retaliation Federal Railroad Safety Act

Sherman & Howard L.L.C.

Know-Nothing Defense a Winner in Retaliation Cases

A recent case out of the Sixth Circuit, Mangold v. Norfolk Southern Railway Co. reminds employers of the importance of keeping an employee’s participation in protected activity on a need-to-know basis as a preventative...more

Littler

Intent Matters in Asserting Whistleblower Retaliation Under the Federal Railroad Safety Act

Littler on

In Dakota, Minnesota and Eastern Railroad Corp. v. the Department of Labor, No. 18-2888 (8th Cir. Jan. 30, 2020), a case under the Federal Railroad Safety Act (FRSA), the Eighth Circuit reasserted that claimants must prove...more

Proskauer - Whistleblower Defense

N.D. Indiana: Employer Bears Burden of Proving Whistleblower Exhausted Administrative Remedies

On February 1, 2016, the Northern District of Indiana ruled in a case brought under the Federal Railroad Safety Act (FRSA) that whether a whistleblower has fulfilled relevant administrative requirements prior to filing suit...more

Littler

Restoring Decades-Old Precedent, the DOL Blows the Whistle on Fordham's "Fundamental Error"

Littler on

On Friday, September 30, 2016, U.S. Department of Labor’s (DOL’s) Administrative Review Board (ARB) issued its highly anticipated decision in Palmer v. Illinois Central Railroad Company, ARB No. 16-035 (2016), correcting its...more

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

Federal Court in Minnesota Provides Guidance on Non-Injury Retaliation Claims Under FRSA

Granting complete summary judgment to BNSF Railway Co., Chief Judge Michael Davis of the U.S. District Court for the District of Minnesota interpreted and provided the railroad industry with guidance pertaining to the...more

Proskauer - Whistleblowing & Retaliation

District of Idaho: Federal District Courts Lack Jurisdiction to Enforce Preliminary Reinstatement Order

The stakes increase and the landscape changes tremendously in a whistleblower case when the Secretary of Labor (Secretary) issues a preliminary reinstatement order....more

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