News & Analysis as of September 8, 2025

Employer Liability Issues

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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 -

OSHA Retaliation Claims Under Section 11(c): A Legal and Practical Guide for Employers

Friling Law on 8/18/2025

Employers across the U.S. must follow not only the workplace safety rules set out in the Occupational Safety and Health Act of 1970 (the “OSH Act”), but also its anti-retaliation protections — some of the strongest yet often...more

LA Fires: Employer Considerations in Light of the Disaster

Perkins Coie on 1/20/2025

Companies with California operations affected by the continued devastation of the fires in the Los Angeles area should keep in mind applicable employment laws when responding to this natural disaster....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

OSHA Announces Interim Final Rule on Antitrust Whistleblower Retaliation Claims

Foley Hoag LLP on 2/16/2023

The Occupational Safety and Health Administration (“OSHA”) of the U.S. Department of Labor has released a new rule that will give antitrust whistleblowers added protection against retaliation. The new rule establishes...more

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

Epstein Becker & Green on 11/24/2021

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

End of California 2021 Legislative Session Brings New Laws Affecting California Employers

Jackson Lewis P.C. on 10/22/2021

The California legislature has passed and Governor Gavin Newsom has signed a number of bills that address wage and hour practices and other issues affecting California employers. All bills take effect January 1, 2022, unless...more

OSHA Raises the Standard Impacting COVID-19 Whistleblower Claims

Parker Poe Adams & Bernstein LLP on 9/17/2021

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

The Top 18 Workplace Law Stories from August 2021

Fisher Phillips on 9/9/2021

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/12/2021

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

OSHA’s COVID-19 Requirements for Healthcare Employers Take Effect

McDermott Will & Schulte on 6/23/2021

On June 21, 2021, the US Occupational Safety and Health Administration’s (OSHA) long-anticipated Emergency Temporary Standard (ETS) for COVID-19 requirements in the healthcare industry went into effect. Most of the...more

OSHA’s Emergency Temporary Standard for Occupational Exposure to COVID-19

Jackson Walker on 6/14/2021

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) COVID-19 workplace safety rules have been long in the making. On June 10, 2021, OSHA finally issued those rules in the form of an Emergency...more

OSHA Issues Emergency Temporary Standard to Protect Healthcare Workers from COVID-19

Bass, Berry & Sims PLC on 6/14/2021

In response to President Biden’s Executive Order issued on January 21, 2021, directing the Occupational Safety and Health Administration (OSHA) to take action to reduce the risk that workers may contract COVID-19 in the...more

Avoiding Safety-Based Workplace Retaliation Claims

Butler Snow LLP on 6/7/2021

There finally seems to be a light at the end of the dark, COVID-19 pandemic tunnel. As spring transitions to summer, COVID-19 case numbers are decreasing while the vaccination rate is increasing. Given these positive...more

The Department of Labor Establishes New Whistleblower Protocols

Littler on 3/1/2021

On February 19, 2021, the U.S. Department of Labor announced that the Occupational Safety and Health Administration (OSHA) will oversee worker retaliation complaints filed under the Criminal Antitrust Anti-Retaliation Act...more

OSHA to Investigate Whistleblower Complaints under Criminal Antitrust Anti-Retaliation Act and Anti-Money Laundering Act

Morgan Lewis - Up & Atom on 2/25/2021

The US Department of Labor (DOL) announced on February 19 that the Occupational Safety and Health Administration (OSHA) will begin investigating whistleblower complaints of retaliation under the Criminal Antitrust...more

ARB Affirms Dismissal of SOX Whistleblower Claim for Lack of Protected Activity

Proskauer - Whistleblower Defense on 2/19/2021

On December 17, 2020, the Administrative Review Board (“ARB”) of the U.S. Department of Labor affirmed the dismissal of a former employee’s whistleblower retaliation claim under Section 806 of SOX. The ARB concluded that the...more

The Impact of the New OSHA Guidance on Other Employment Policies and Practices

Butler Snow LLP on 2/5/2021

On January 21, 2021, President Biden issued an Executive Order on Protecting Worker Health and Safety directing the Assistant Secretary of Labor for Occupational Safety and Health to issue science-based guidance for employers...more

Has COVID-19 Made It Easier for Employees to File "Whistleblower Retaliation" Lawsuits?

FordHarrison on 11/17/2020

Recent class action litigation by New York court police demonstrates how long-standing state whistleblower-protection laws can lead to litigation for unwary employers during the COVID-19 pandemic....more

Expect These 8 Changes To OSHA Under The Biden Administration

Fisher Phillips on 11/10/2020

Media outlets announced Saturday that Joe Biden will become the 46th president of the United States. If the legal challenges to the election result fail and he is inaugurated in January, President-Elect Biden can begin taking...more

OSHA Hosts Stakeholder Call to Discuss Whistleblower Protection Program

Morgan Lewis - Up & Atom on 10/16/2020

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

[Webinar] CLE Institute - The New Rules of the Workplace: The Latest Occupational Health and Safety Regulations Concerning Working...

Williams Mullen on 9/17/2020

In this strange new world, employers must navigate how to bring employees back safely to the office and keep them healthy once they are there. This program will cover best practices including complying with OSHA as well as...more

June 2020: The Top 21 Labor And Employment Law Stories

Fisher Phillips on 8/3/2020

Everything Employers and Employees Need to Know When an Employee Feels Unsafe Returning to Work Due to COVID

Jaburg Wilk on 7/31/2020

Many employees are concerned about returning to work due to COVID-19. Employers need to be prepared for their employee’s requests. They will want to treat their employees fairly and also minimize their liability. There are...more

OSHA Recommends Three-Phased Approach to Reopening Workplaces

Foley Hoag LLP on 6/23/2020

On June 18, 2020, the U.S. Occupational Safety and Health Administration (OSHA) released a new publication entitled Guidance on Returning to Work. The Guidance contains recommendations regarding best practices for employers...more

Lessons From Smithfield Pork Packing Plant Lawsuit: Could OSHA Preempt Worker Retaliation Claims Concerning Employer COVID-19...

Hinshaw & Culbertson - Employment Law... on 5/22/2020

In a workplace safety whistleblower lawsuit recently filed in the U.S. District Court for the Middle District of Florida, an air conditioning technician claims he was fired by his employer, HT Airsystems of Florida, LLC, in...more

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