News & Analysis as of September 19, 2024

Occupational Safety and Health Administration › Retaliation

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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 -

OSH Law Primer, Part VIII: The Intersection of Employment Law and Safety Issues

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/7/2024

This is the eighth installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and Health...more

Michigan Supreme Court Expands Employer Exposure to Public Policy Retaliation Claims

Miller Canfield on 7/24/2024

In Michigan, various state employment laws prohibit employers from retaliating against employees. But can an employee pursue a public policy retaliation claim against the employer in addition to a statutory retaliation claim?...more

Return to Sender - OSHA Obtains Injunction Against Postal Service for Retaliatory Termination of Employees

Bricker Graydon LLP on 7/24/2024

On July 3, 2024, the Occupational Safety and Health Administration (OSHA) obtained an injunction against the United States Postal Service (USPS), protecting USPS employees from retaliation for reporting workplace injuries....more

[Webinar] Addressing Employee Complaints: Retaliation and Whistleblower Complaints with the EEOC, OSHA, and MSHA - October 1st,...

Conn Maciel Carey LLP on 7/17/2024

Over the past several years, employers have seen a significant uptick in retaliation claims filed by employees and investigated by federal agencies. For example, in 2010, only approx. 30% of all charges filed with the EEOC...more

Employment Litigation Roundup: June 2024

Seward & Kissel LLP on 7/3/2024

CFTC charges employer with failing to include whistleblower carveout in agreements with employees - Commodities trading firm Trafigura Trading LLC agreed to pay a $55 million fine to settle charges from the Commodity...more

Report From Day 2 of The 2024 ABA OSHA/MSHA Law Conference

Seyfarth Shaw LLP on 3/8/2024

This week we are attending the ABA Occupational Safety and Health Law Meeting in San Juan, Puerto Rico. The meeting includes representatives from the U.S. Department of Labor, OSHA Review Commission, the MSHA Review...more

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

Department of Labor 2023 Enforcement Report – OSHA Insights

Hahn Loeser & Parks LLP on 2/9/2024

On January 26, 2024, the U.S. Department of Labor’s (“Department”) Office of Solicitor (“SOL”) published its FY2023 Enforcement Report (“Enforcement Report”). The report provides an insight into the Department’s labor and...more

2023 Key Legislative Developments: Discrimination, Retaliation, and Harassment in Employment

Payne & Fears on 1/10/2024

Existing law prohibits a person from discharging an employee or in any manner discriminating, retaliating, or taking any adverse action against any employee or applicant for employment because the employee or applicant...more

Top 10 Whistleblowing and Retaliation Events of 2023

Proskauer Rose LLP on 12/20/2023

2023 was another groundbreaking year for whistleblower litigation and bounty awards. The U.S. Securities and Exchange Commission shattered records by issuing a $279 million award and continued to actively enforce the...more

Workplace Law Update: 10 Essential Items on Your November To-Do List

Fisher Phillips on 11/6/2023

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

NLRB and OSHA Announce MOU to Strengthen Health and Safety

Littler on 11/3/2023

On October 31, 2023, the National Labor Relations Board (NLRB) and the Occupational Safety and Health Administration (OSHA) announced that the agencies have executed a Memorandum of Understanding (MOU) “to strengthen the...more

Eleventh Circuit Affirms Rejection of Employee’s SOX Claim for Lack of Protected Activity

Proskauer - Whistleblower Defense on 10/11/2023

On September 25, 2023, the U.S. Court of Appeals for the Eleventh Circuit affirmed the Department of Labor’s Administrative Review Board’s rejection of an employee’s Sarbanes–Oxley Act (SOX) retaliation claim, holding the...more

CA District Court: Insurance Policy Covering Securities Claims May Extend to SOX Whistleblower Claims

Proskauer - Whistleblower Defense on 8/30/2023

A recent California district court addressed the question of whether, for insurance coverage purposes, a SOX whistleblower claim is a “securities claim,” and answered that question in the affirmative. Skye Bioscience v....more

Whistleblower Complaint/Safe Drinking Water Act: Occupational Safety and Health Administration Addresses Alleged North Dakota...

Mitchell, Williams, Selig, Gates & Woodyard,... on 8/30/2023

The Occupational Safety and Health Administration (“OSHA”) issued an August 23rd news release summarizing the results of a whistleblower investigation that it undertook regarding the North Dakota Department of Environmental...more

A Review of Recent Whistleblower Developments - July 2023

Foley & Lardner LLP on 7/27/2023

SCOTUS to Review SOX Retaliation Case Involving Burden of Proof of Retaliatory Intent - On May 1, 2023, in Murray v. UBS Securities, LLC, No. 22-660, the United States Supreme Court granted former UBS Securities employee...more

District of NJ: Federal Courts Lack Jurisdiction to Enforce Preliminary Reinstatement Orders Under SOX

Proskauer - Whistleblower Defense on 7/26/2023

On April 19, 2023, the U.S. District Court for the District of New Jersey granted the defendant-employer’s motion to dismiss a complaint seeking court enforcement of a preliminary reinstatement order after determining that...more

Illinois Federal Court Grants Motion to Dismiss SOX Whistleblower Claim

Proskauer - Whistleblower Defense on 5/4/2023

On February 28, 2023, the U.S. District Court for the Central District of Illinois granted a defendant-employer’s motion to dismiss a SOX whistleblower retaliation claim, holding that the plaintiff failed to adequately plead...more

OSHA Enforcement/Whistleblower Investigation: Florida City Enters into Settlement Agreement Addressing Alleged Retaliation Against...

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/27/2023

The Occupational Safety and Health Administration (“OSHA”) issued an April 20th news release stating that it had entered into a Settlement Agreement with the City of Delray Beach, Florida, to address an alleged retaliation...more

OSHA’s New Authority to Issue T, U Nonimmigrant Law Enforcement Visas

Jackson Lewis P.C. on 4/12/2023

The Occupational Safety and Health Administration (OSHA) has been given the authority to issue certifications in support of applications for T and U nonimmigrant visas beginning March 30, 2023. To assist agencies in...more

Ohio District Court Grants Employer Summary Judgment on SOX Whistleblower Claims

Proskauer - Whistleblower Defense on 3/7/2023

On February 15, 2023, the U.S. District Court for the Southern District of Ohio granted a defendant-employer’s motion for summary judgment on SOX whistleblower retaliation claims, holding that the plaintiff failed to...more

Third Circuit Affirms Dismissal of Untimely SOX Whistleblower Claims

Proskauer - Whistleblower Defense on 2/15/2023

On January 4, the Third Circuit affirmed the dismissal of a former bank executive’s whistleblower retaliation claims, holding that two procedural errors doomed his case: he sued before exhausting his administrative remedies;...more

Top 10 Whistleblowing and Retaliation Events of 2022

Proskauer Rose LLP on 1/4/2023

2022 saw highly impactful whistleblower and retaliation events primarily resulting from an active U.S. Securities and Exchange Commission, an aggressive approach taken by the Occupational Safety and Health Administration, and...more

Avoiding Worker’s Compensation Retaliation Claims in the Construction Industry

Jackson Lewis P.C. on 12/29/2022

Even with the strictest compliance with Occupational Safety and Health Administration (OSHA) regulations and best workplace safety practices, on-the-job injuries from time to time are inevitable in the construction industry....more

Avoiding Costly Whistleblower Claims for Alleged Retaliatory Conduct After An Employee’s Workplace Safety Complaint – Pointers...

Willcox & Savage on 12/19/2022

A federal court recently awarded an employee $9.8 million in a safety retaliation case. See Sanders v. BNSF Ry. Co., 2022 BL 432941, No. 0:17-cv- 05106 (D. Minn. Dec. 5, 2022). A jury found that the railway employer...more

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Occupational Safety and Health Administration › Retaliation

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