News & Analysis as of July 24, 2025

Corporate Counsel

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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 -

Common Questions in Evaluating a Whistleblower Complaint Filed with OSHA

Conn Maciel Carey LLP on 7/21/2025

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

Top 10 Whistleblowing and Retaliation Events of 2024

Proskauer Rose LLP on 12/20/2024

Following our annual tradition — which started over a decade ago — we are analyzing the year's 10 most significant whistleblower and retaliation events. As you'll see, in 2024, actions taken by a range of courts and...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

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

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

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

The Top 18 Workplace Law Stories from March 2022

Fisher Phillips on 4/7/2022

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

How Can I Get My Employees To Return To Work During A Pandemic And Not Get Sued?

Lowenstein Sandler LLP on 10/21/2020

As employers begin to require their employees to return to the workplace, they remain concerned about COVID-19-related litigation. Initially, many were concerned about an anticipated increase in lawsuits alleging that unsafe...more

COVID-19 Related Litigation Surges: What Employers Can Do To Minimize Exposure

Akerman LLP - HR Defense on 10/14/2020

The much-anticipated surge of COVID-19 pandemic-related litigation has begun. As the pandemic continues to lay siege to the United States economy, claimants’ lawyers and government agencies have begun setting their sights on...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

OSHA OKs Drug Testing and Incentive Programs ... Sort of

Fisher Phillips on 10/12/2018

OSHA Rolls Back Enforcement of Anti-Retaliation Provisions! Yesterday, the U.S. Occupational Health and Safety Administration (“OSHA”) issued a standard interpretation clarifying its position on the new recordkeeping rule’s...more

Transgender Employees May Be Entitled To Protection From Discrimination Under The ADA

Foley & Lardner LLP on 5/31/2017

Of late, we have recently written quite a bit about the ever-changing legal landscape regarding protections for LGBTQ employees. Most of the authority we explored involved whether or not sexual orientation (as well as gender...more

OSHA Promulgates Final Rule on ACA Whistleblower Complaints

Conn Maciel Carey LLP on 11/2/2016

On October 12, 2016, the Occupational Safety and Health Administration (“OSHA” or the “Agency”) announced that it had issued a Final Rule establishing procedures for the filing, evaluation, and litigation of whistleblower...more

Tenth Circuit Orders Truck Driver Who Abandoned Trailer on Interstate Highway to be Reinstated with Backpay

Seyfarth Shaw LLP on 8/16/2016

Seyfarth Synopsis: The Tenth Circuit held that a trucking company unlawfully retaliated against a truck driver after he abandoned a trailer on a public highway, finding that his actions constituted a protected refusal to...more

OSHA Releases Final Dodd-Frank Whistleblower Regulations

Proskauer - Whistleblowing & Retaliation on 3/23/2016

OSHA recently released its final rule implementing the whistleblower provisions of the Consumer Financial Protection Act of 2010 (“CFPA”). The following are the key features of the rule...more

OSHA’s New Whistleblower Investigations Manual Lowers Pleading Standards

Epstein Becker & Green on 2/23/2016

The Occupational Safety and Health Administration (“OSHA”) just changed the way that it evaluates whistleblower retaliation complaints in a manner that should concern employers in nearly every industry. This is important...more

Fifth Circuit Revives SOX Whistleblower Claim But Rejects Allegations Not Exhausted Before OSHA

Proskauer - Whistleblower Defense on 8/12/2015

In Wallace v. Tesoro Corp., the Fifth Circuit revived a SOX whistleblower complaint that was dismissed by the U.S. District Court for the Western District of Texas, finding that the plaintiff’s alleged belief that the company...more

The Inside Scoop: Top 10 Employer Mistakes According to the Solicitor of Labor

Baker Donelson on 5/8/2015

Meeting in our nation's capital and having a strong public policy group have some definite perks, such as getting the inside scoop on employment law trends directly from the Department of Labor's Solicitor. During a recent...more

Heads Up – The ACA Employer Mandate Is Now In Effect: Beware of Actions that Could Result in ACA Whistleblower Liability

FordHarrison on 1/13/2015

Effective January 1, 2015, certain employers became subject to the employer mandate of the Patient Protection and Affordable Care Act (ACA), and thus subject to liability under the ACA Employer Shared Responsibility...more

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