Whistleblowers, OSHA | JD Supra Law News

U.S. Supreme Court to Decide Whether SOX’s Whistleblower Provision Protects Employees of Publicly Traded Company’s Contractors

by Noa Baddish, Lloyd B. Chinn, Harris M. Mufson | Proskauer - Whistleblowing & Retaliation on 5/21/2013

On May 20, 2013, the United States Supreme Court granted a petition for a writ of certiorari to review the United States Court of Appeals for the First Circuit’s decision holding that SOX’s whistleblower protection does not...more

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

by Michael Finio, Keith Lorenze | Saul Ewing 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

Labor Letter - April 2013: Cussing Out Your Employee May Get You Sued…By OSHA?

by Howard Mavity | Fisher & Phillips LLP on 4/5/2013

Hopefully you’re already aware of the continuing escalation of all forms of whistleblower and retaliation claims, including under the 20+ Anti-Retaliation laws enforced by special investigators from OSHA’s Whistleblower...more

Inside Counsel Quotes Proskauer’s Commentary on the Increasing Number of OSHA Complaints

by Noa Baddish, Harris M. Mufson | Proskauer - Whistleblowing & Retaliation on 4/4/2013

In an article published in InsideCounsel, Steve Pearlman, co-head of Proskauer’s Whistleblowing & Retaliation Group, lent his insight into recently released statistics showing a thirty-percent increase in the number of...more

Employers: Time To Submit Comments On OSHA's Proposed ACA Whistleblower Procedures

by Marta Moakley | XpertHR - Partnered with LexisNexis on 4/2/2013

The Occupational Safety and Health Administration (OSHA) has issued its interim final rule regarding procedures for handling retaliation complaints under the Affordable Care Act's (ACA) Section 1558. +29 USCS § 218c....more

OSHA Penalizes Another Railroad Company In Whistleblower Action

by Michael Graham, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 3/25/2013

On February 28, 2013, OSHA ordered Union Pacific Railroad (UP) to reinstate the employment of and pay over $309,000 ($150,000 in punitive damages, $87,600 in compensatory damages, $71,700 in back pay with interest, plus...more

OSHA Issues Interim Final Rule on PPACA Whistleblower Provision

by Connie Bertram, Steven J. Pearlman, Daniel Saperstein | Proskauer - Whistleblowing & Retaliation on 3/11/2013

On February 22, 2013, the federal Occupational Safety and Health Administration (OSHA) released an interim final rule concerning the whistleblower protection provisions of The Patient Protection and Affordable Care Act...more

When the Bagpipes Sound: OSHA Releases Interim Final Rule for ACA Whistleblowers

by Baker, Donelson, Bearman, Caldwell &... on 3/11/2013

OSHA has released an interim final rule setting out procedures and time frames for responding to whistleblower complaints filed under the Affordable Care Act (ACA), which prohibits retaliation against workers who report...more

Second Circuit “Clarifies” SOX Burden-Shifting Framework

by Lloyd B. Chinn, Harris M. Mufson, Daniel Saperstein | Proskauer - Whistleblowing & Retaliation on 3/7/2013

On March 5, 2013, the U.S. Court of Appeals for the Second Circuit “clarified” the burden-shifting framework for whistleblower claims brought under Section 806 of the Sarbanes-Oxley Act of 2002 (“SOX”), 18 U.S.C. § 1514A....more

OSHA Announces Whistleblower Protections Under The Affordable Care Act

by Elina Basham | Akerman Senterfitt on 3/7/2013

The Affordable Care Act (ACA)'s whistleblower provisions may present a hazard for unsuspecting employers. On February 27, 2013, the Department of Labor's Occupational Safety and Health Administration (OSHA) released an...more

OSHA Issues Stiff Penalties To Railroad Company In FRSA Whistleblower Matters

by Rachel Fischer, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 3/7/2013

OSHA recently announced that it ordered Norfolk Southern Railway (Company) to pay three former workers a combined $1,121,099 for violating the whistleblower provisions of the Federal Railroad Safety Act (FRSA), which protects...more

ALJ Applies Villanueva Factors, Finds Overseas Employee’s Whistleblower Claim “Territorial”

by Lloyd B. Chinn, Cecile Martin, Daniel Ornstein, Daniel Saperstein | Proskauer - Whistleblowing & Retaliation on 3/5/2013

In Dos Santos v. Delta Airlines, Inc., 2012-AIR-20 (ALJ Jan. 11, 2013), an Administrative Law Judge (ALJ) of the U.S. Department of Labor (DOL) examined whether the facts alleged by the complainant required a territorial or...more

ObamaCare’s Whistleblower Protections Go Into Effect

by Peter Felsenfeld | Barger & Wolen on 3/1/2013

Though President Obama and Congress established broad requirements in the Affordable Care Act (aka ObamaCare), they tasked federal agencies with filling in myriad blanks regarding implementation. The agency rules that are...more

OSHA Issues Interim Final Rule on Whistleblower Protections under the Affordable Care Act

by Amy Bashore, Denise Keyser | Ballard Spahr LLP on 3/1/2013

As the 2014 implementation date for the most controversial provisions of the Affordable Care Act (ACA) draws closer, most businesses are focused on ensuring that their group health plans meet the ACA's requirements. But there...more

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

by Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 2/6/2013

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

The Whistleblower Protection Advisory Committee Goes to Work

by Margaret H. Campbell | Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/5/2013

On January 29, 2013, the new Whistleblower Protection Advisory Committee (WPAC) held its inaugural meeting in Washington, D.C. Made up of 12 members, the WPAC includes three members representing the public, four members...more

OSHA Whistleblower Program: Record Number of Cases Filed & Resolved In 2012

by Lloyd B. Chinn, Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 1/28/2013

OSHA recently released statistics (aggregated by BNA) showing dramatic increases in both the number of whistleblower cases filed with OSHA last year as well as the number of OSHA determinations....more

Patton Boggs Insights - December 2012: Litigation/Courts: Roundup of OSHA Whistleblower Cases

by Patton Boggs LLP on 1/24/2013

OSHA has filed lawsuits on behalf of six workers who alleged they had been subjected to retaliation for filing whistleblower complaints...more

OSHA Releases Regulatory Agenda And Projects That Final Action Will Be Taken On 10 Regulations In 2013

by Heather MacDougall | Akerman Senterfitt on 1/11/2013

The federal government, including agencies such as OSHA, are required to give notice of significant regulatory activity by publishing a "semi-annual" regulatory agenda that outlines the status of on-going and planned...more

Patton Boggs Insights - December 2012: Enforcement: Firms Pay Up In Whistleblower Cases

by Patton Boggs LLP on 12/31/2012

Three employers who fired employees after they filed complaints with OSHA have been ordered to reinstate the workers and pay back wages and damages. A pilot will be reinstated and paid more than $500,000 after investigators...more

OSHA Update: More Employers Being Hit with Whistleblower Complaints

by Heather MacDougall | Akerman Senterfitt on 12/3/2012

As part of the U.S. Occupational Safety and Health Administration's (OSHA) increased emphasis on enforcement, all employers should know that whistleblower complaints have been on the rise in recent years — as well as the...more

OSHA Announces New Leader Of Whistleblower Protection Program

by Akerman Senterfitt on 11/28/2012

The U.S. Occupational Safety and Health Administration ("OSHA") has named a former chairman of the U.S. Merit Systems Protection Board ("MSPB"), as the new director of OSHA's Whistleblower Protection Program. On November 20,...more

OSHA Announces ADR Pilot Program

by Lloyd B. Chinn, Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 11/19/2012

The Occupational Safety and Health Administration (OSHA), which is charged with enforcing the whistleblower protection provisions in 22 separate statutes – ranging from Section 806 of the Sarbanes-Oxley Act of 2002 to...more

OSHA to Offer Alternative Dispute Resolution for Whistleblower Complaints

by Morgan Lewis on 11/12/2012

Employers should evaluate whether new whistleblower complaints are eligible for the initiative, which provides expedited and potentially cost-saving resolution of claims. On October 1, the Occupational Safety and...more

S-O-X Protects Only Public Company Whistleblowers, Or Does It?

by Sheppard Mullin Richter & Hampton LLP on 11/7/2012

DOL’s View - Thomas Spinner was a CPA whose firm provided accounting and audit services to a public company. Spinner’s accounting firm was not publicly-traded. A month after being assigned to audit the pubic company,...more

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