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Federal Railroad Safety Act Occupational Safety and Health Administration Workplace Injury

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 - Whistleblowing & Retaliation

ARB Broadly Interprets Adverse Action Once Again

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

Proskauer - Whistleblowing & Retaliation

OSHA Penalizes Another Railroad Company In Whistleblower Action

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

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