News & Analysis as of September 22, 2024

Occupational Safety and Health Administration › Administrative Remedies

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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... more +

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 -

Ga. District Court Dismisses Dodd-Frank and SOX Whistleblower Claims

Proskauer - Whistleblower Defense on 10/27/2020

On September 30, 2020, the U.S. District Court for the Northern District of Georgia granted an employer’s motion to dismiss a Dodd-Frank whistleblower claim on the ground that the alleged whistleblower did not complain to the...more

Update on Bofl SOX Whistleblower Litigation

Proskauer - Whistleblower Defense on 5/21/2019

This is an update on our previous blog posts regarding the Erhart v. BofI Holding, Inc. case. We previously reported in October 2017 and March 2017 on a whistleblower litigation brought by Charles Erhart, a former Bank of...more

Chris Lazarini Provides Insight on Administrative Remedies in Whistleblower Retaliation Case

Bass, Berry & Sims PLC on 11/14/2018

Bass, Berry & Sims attorney Chris Lazarini provided insight about a Sarbanes-Oxley whistleblower retaliation case brought by a plaintiff claiming she was unjustly terminated. Finding the plaintiff did not timely file an OSHA...more

Federal Appeals Court Overturns Decades Of Precedent To Revive Workplace Claim

Fisher Phillips on 8/21/2018

Overturning 40 years of precedent, the 10th Circuit Court of Appeals has just ruled that an employee’s failure to file an EEOC charge does not necessarily bar consideration of a private discrimination lawsuit. By concluding...more

Alabama Federal Court Partially Grants Motion to Dismiss SOX Claim On Exhaustion Grounds

Proskauer - Whistleblower Defense on 6/12/2018

On May 29, 2018, the U.S. District Court for the Northern District of Alabama granted a motion to dismiss in part Plaintiff’s whistleblower retaliation claims under SOX on the grounds that the Plaintiff failed to exhaust his...more

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

Proskauer - Whistleblower Defense on 3/30/2017

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

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