News & Analysis as of

Whistleblower Protection Policies Occupational Safety and Health Administration

Conn Maciel Carey LLP

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

Conn Maciel Carey LLP on

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

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

OSH Law Primer, Part VII: Refusals to Work and Whistleblower Protection

This is the seventh 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

Baker Donelson

Six Sizzling Ways to Beat the OSHA Heat This Summer

Baker Donelson on

The summer heat is in full swing and so are ramped-up compliance efforts from OSHA. This alert provides you with six quick tips to help avoid and minimize any "heat" from OSHA this summer....more

Fisher Phillips

Snapshot on Workplace Safety: Will SCOTUS Whistleblower Ruling Have Broader Impact on OSHA Investigations?

Fisher Phillips on

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

Proskauer Rose LLP

Top 10 Whistleblowing and Retaliation Events of 2023

Proskauer Rose LLP on

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

Proskauer - Whistleblower Defense

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

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

Troutman Pepper

Water Cooler Talk: Whistleblowing Insights From 'Dahmer'

Troutman Pepper on

Most savvy employers know all too well the dangers of ignoring whistleblowers. Financial and reputational penalties can be steep. Originally published in Law360 on April 25, 2023....more

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

New Whistleblower Intake Program Takes Effect for OSHA-Administered Whistleblower Statutes

On February 17, 2023, the Occupational Safety and Health Administration’s (OSHA) Directorate of Whistleblower Protection Programs’ new whistleblower complaint intake pilot program (Directive 23-01 (CPL 02)) went into effect,...more

Proskauer Rose LLP

Top 10 Whistleblowing and Retaliation Events of 2022

Proskauer Rose LLP on

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

Willcox & Savage

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

Willcox & Savage on

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

Proskauer Rose LLP

Top 10 Whistleblowing and Retaliation Events Of 2021

Proskauer Rose LLP on

2021 was another blockbuster year in the whistleblowing and retaliation arena. The U.S. Securities and Exchange Commission Office of the Whistleblower has now issued in excess of $1 billion in whistleblower bounties. ...more

Epstein Becker & Green

#WorkforceWednesday: OSHA ETS Moves to the Sixth Circuit, Federal Agencies Join to Combat Workplace Retaliation, NY Increases...

Epstein Becker & Green on

This week, the Occupational Safety and Health Administration’s (OSHA’s) vaccine emergency temporary standard (ETS) is currently in the hands of the Sixth Circuit, while New York employers have several updates to look out for...more

Vinson & Elkins LLP

To Understand Enforcement of the New OSHA ETS, We Need to Understand Whistleblowing

Vinson & Elkins LLP on

The new Occupational Safety and Health Administration (“OSHA”) emergency temporary standard mandating various COVID-19 policies and procedures for employers with at least 100 employees (“ETS”) has an uncertain future in light...more

Jackson Lewis P.C.

OSHA Issues Emergency Temporary Standard Requiring COVID-19 Tests or Vaccinations for Most Employers

Jackson Lewis P.C. on

Less than two months after receiving direction from President Joe Biden, the Occupational Safety and Health Administration (OSHA) has issued an Emergency Temporary Standard (ETS) covering employers with at least 100...more

Husch Blackwell LLP

OSHA Seeks Public Feedback On The Whistleblower Protection Program

Husch Blackwell LLP on

On October 13, 2021, from 2:00 – 5:00 p.m. Eastern Time, the Occupational Safety and Health Administration (OSHA) will hold a virtual meeting (via telephone and Microsoft Teams) to receive public comments and suggestions...more

Parker Poe Adams & Bernstein LLP

OSHA Raises the Standard Impacting COVID-19 Whistleblower Claims

Under Section 11(c) of the Occupational Safety and Health Act, employers are prohibited from taking adverse action against an employee because the employee has engaged in protected activity under the statute, such as filing a...more

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

COVID-19, Workplace Safety and Health, and Employee Claims of Retaliation: What’s an Employer to Do?

As of August 8, 2021, the Occupational Safety and Health Administration (OSHA) has received more than 5,558 whistleblower complaints related to COVID-19 since the start of the pandemic (and State Plans have received an...more

Akerman LLP - Health Law Rx

Decision Reminds Providers of Limits on Restricting Employee Communications with Media

Hospitals and medical groups that bar staff from communicating with the media should take another look at those prohibitions following a recent federal appellate decision finding such a policy unlawful under the National...more

Morgan Lewis - Up & Atom

OSHA Hosts Public Meeting for Whistleblower Protection

The US Department of Labor’s Occupational Safety and Health Administration (OSHA) held a public stakeholder meeting on May 19 to discuss its Whistleblower Protection Program and solicit feedback from interested individuals on...more

Porter Hedges LLP

Whistleblower Protections Incentivize Development Of Strong Anti-Retaliation Programs

Porter Hedges LLP on

The U.S. Department of Labor recently announced that the Occupational Safety and Health Administration (“OSHA”) will oversee worker retaliation complaints under the Criminal Antitrust Anti-Retaliation Act (“CAARA”) and the...more

McAfee & Taft

OSHA focuses enforcement efforts on higher-risk workplaces amid pandemic

McAfee & Taft on

On March 21, 2021, the Occupational Safety and Health Administration published a National Emphasis Program (NEP) to focus its enforcement efforts on preventing employees from contracting COVID-19 and protecting employees who...more

Sheppard Mullin Richter & Hampton LLP

OSHA Adopts New COVID-19 National Emphasis Program to Increase Its Enforcement Efforts

On March 12, 2021, the Occupational Safety and Health Administration (“OSHA”) launched its new COVID-19 National Emphasis Program (“NEP”). The new OSHA directive outlines policies and procedures for minimizing worker...more

Holland & Hart - Employers' Lawyers

Take COVID-19 Vaccine or Else: Legal Pitfalls for Employers

The imminent availability of a COVID-19 vaccine has garnered massive public attention. Perhaps the most pressing question from Colorado employers is, “Can employees be required to take the vaccine once it’s available?”...more

Mitchell, Williams, Selig, Gates & Woodyard,...

National Emphasis Program: Occupational Safety and Health Administration Addresses COVID-19

The Occupational Safety and Health Administration (“OSHA”) issued a COVID-19 National Emphasis Program (“NEP”). See Directive No. DIR 2021-01 (CPL-03). The NEP was issued on March 12th and describes OSHA’s view of...more

Arnall Golden Gregory LLP

OSHA Announces Plan for Increased COVID-19 Inspection Efforts

Background - On March 12, 2021, OSHA announced that it is implementing a National Emphasis Program (“NEP”) designed to “ensure that employees in high-hazard industries or work tasks” are protected from contracting COVID-19....more

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