News & Analysis as of

Anti-Retaliation Provisions Adverse Employment Action Occupational Safety and Health Administration

Conn Maciel Carey LLP

Common Questions in Evaluating a Whistleblower Complaint Filed with OSHA

Conn Maciel Carey LLP on

In FY 2023, the Occupational Safety and Health Administration (“OSHA”) received 3,243 Whistleblower complaints filed under various statutes’ anti-retaliation provisions. OSHA is charged with investigating alleged retaliation...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

Morgan Lewis - Up & Atom

OSHA Invites, Receives Public Comments on Whistleblower Protection Program

The Occupational Safety and Health Administration (OSHA) recently held a public stakeholder meeting to discuss its Whistleblower Protection Program and how it can improve its administration of the 20-plus whistleblower...more

McNees Wallace & Nurick LLC

OSHA Issues Reminder Regarding Retaliation Prohibition

In the midst of the COVID-19 pandemic, the Occupational Health and Safety Administration (“OSHA”) saw fit to remind employers that it remains illegal to retaliate against workers who report unsafe and unhealthful working...more

Polsinelli

DOL Implements Procedures for New Tax Whistleblower Claim Under Taxpayer First Act

Polsinelli on

On September 11, 2019, the Department of Labor announced that whistleblower retaliation complaints under the Taxpayer First Act (TFA) will be handled by the Occupational Safety and Health Administration (OSHA). ...more

Franczek P.C.

OSHA Redesigns Whistleblower Protection Program Website. Is your Anti-Retaliation Program up to Date?

Franczek P.C. on

OSHA recently modernized its Whistleblower Protection Program Website. The redesigned site includes useful and interactive materials regarding whistleblower statutes enforced by OSHA, including a video that highlights...more

Parker Poe Adams & Bernstein LLP

Passage of Time Defeats North Carolina Employer Retaliation Claim

North Carolina’s Retaliatory Employment Discrimination Act (REDA) prohibits employers from taking retaliatory action against employees on the basis of workers’ compensation, OSHA, wage and hour, and other state labor law...more

Bradley Arant Boult Cummings LLP

My Safety Complaint Was Unsafe for My Continued Employment

OSHA Safety Retaliation – What Is It? Virtually every employee protection law, federal or state, has some sort of anti-retaliation provision. The federal Occupational Safety and Health Act is no exception. The Occupational...more

Winstead PC

Another Party Enters ACA Enforcement and HIPAA Privacy and Security Enforcement Expands

Winstead PC on

OSHA Joins the ACA Enforcement Regime - Effective on and after October 13, 2016, employers need to watch their mail from the Occupational Safety and Health Administration (“OSHA”) for notices related to ACA retaliation...more

Akerman LLP - HR Defense

OSHA Clarifies Its “Just Say No” to Automatic Post-Accident Drug-Testing Position

Akerman LLP - HR Defense on

How do employers reconcile automatic drug-testing required by workers’ compensation laws with the provisions of OSHA’s new Rule saying that automatic testing could be retaliatory? Following our recent blog on that issue, many...more

Holland & Knight LLP

OSHA Issues Final Rule On Complaints Under Affordable Care Act's Anti-Retaliation Provision

Holland & Knight LLP on

The Affordable Care Act (ACA) added Section 18C to the Fair Labor Standards Act (FLSA) to prohibit retaliation against employees who engage in certain activities protected by the ACA. Responsibility for receiving and...more

Nexsen Pruet, PLLC

Litigating Environmental Whistleblower Claims Under OSHA Procedures

Nexsen Pruet, PLLC on

The federal government is allocating more time and resources to whistleblower programs. Now, more than ever, companies need to take steps to minimize exposure to whistleblower claims. When a whistleblower case is filed, it...more

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