By Brent I. Clark, James L. Curtis, Christopher F. Robertson, Adam R. Young, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The U.S. Department of Labor announced last week OSHA will oversee the processing of worker retaliation complaints filed under two new whistleblower statutes – the Criminal Antitrust Anti-Retaliation Act and the Anti-Money Laundering
Continue Reading New Antitrust and Money Laundering Laws to Expand OSHA Whistleblower Claims
By James L. Curtis, Adam R. Young, Matthew A. Sloan, and Craig B. Simonsen
Seyfarth Synopsis: Employees who complain about safety measures to protect employees from COVID-19 may be protected from retaliation by federal and state laws. Employees who refuse to perform job functions may also be protected.
News media reports during the COVID-19 pandemic highlight
Continue Reading Whistleblower Liability for Employee Safety Complaints During the COVID-19 Pandemic
By Brent I. Clark, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: OSHA has scheduled a meeting on June 12, 2018, in Washington, D.C., to solicit comments and suggestions from stakeholders in the trucking and railroad industries, on whistleblower issues within OSHA’s purview. 83 Fed. Reg. 19838 (May 4, 2018).
Through its whistleblower division, the federal
Continue Reading OSHA Schedules Public Meeting and Requests Comments on Whistleblower Issues in the Trucking and Railroad Industries
By Adam R. Young and Craig B. Simonsen
Seyfarth Synopsis: The Affordable Care Act faces an uncertain future under the Trump administration, which will affect whistleblower provisions enforced by OSHA.
In October 2016, the Occupational Safety and Health Administration published a final rule that established procedures and time frames for handling whistleblower complaints under the Patient Protection and Affordable
Continue Reading OSHA Procedures for Retaliation Complaints Under the Affordable Care Act Await New Administration
By Brent I. Clark, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: Employers that are regulated under any of the 22 federal whistleblower protection laws are encouraged to review company policies, procedures, and training systems to examine conformity with this guidance.
The Occupational Safety and Health Administration has just issued its Recommended Practices for Anti-Retaliation Programs
Continue Reading OSHA Publishes Recommended Practices for Anti-Retaliation Programs
By James L. Curtis, Benjamin D. Briggs, and Craig B. Simonsen
Seyfarth Synopsis: The DOL announced this week its new Whistleblower expedited Case review pilot process, to be conducted in its Region 9. Employers in this region may now anticipate even more cases going to the ALJ’s, and should watch these cases closely.
The U.S. Department of
Continue Reading OSHA Pilots New Expedited Whistleblower Process – Will Allow Complainants to Request Judicial Review
By Benjamin D. Briggs, Adam R. Young, and Craig B. Simonsen
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 operate a vehicle in unsafe conditions.
The Tenth Circuit Court of Appeals
Continue Reading Tenth Circuit Orders Truck Driver Who Abandoned Trailer on Interstate Highway to be Reinstated with Backpay
By Mark A. Lies, II and Adam R. Young
Seyfarth Synopis: Employers may face liability for retaliation charges from employees who report food safety issues under the Food Safety Modernization Act (FSMA).
Employers in the food industry have a new headache to worry about. On April 18, 2016, the federal Occupational Safety and Health Administration released final rules establishing
Continue Reading New Food Safety Whistleblower Regulations: OSHA Bites Off More Than It Can Chew
By James L. Curtis and Meagan Newman
Following through on its April 2015 “clarification” of the investigative standard in whistleblower matters, OSHA issued a new whistleblower investigations manual overnight restating the mission of its investigators.
The former manual instructed investigators to dismiss a case if complainant could not establish the prima facie elements of the relevant whistleblower statute. The former
Continue Reading OSHA Issues New Whistleblower Investigations Manual
By James L. Curtis, Meagan Newman, and Craig B. Simonsen
The Occupational Safety and Health Administration (OSHA) and the Federal Aviation Administration (FAA) recently completed a Memorandum of Understanding (December 1, 2015), which will permit the sharing of information under the anti-retaliation provision of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21),
Continue Reading OSHA and FAA Sign Agreement on Protecting Airline Workers from Retaliation