OSHA Whistleblower Protection Program Archives

Judge Gorsuch’s Opinion in Whistleblower Case Reveals the Dishonesty of his Alleged Strict Textualism

If Judge Neil Gorsuch is confirmed, he will play a critical role in construing laws that protect worker health and safety, including laws protecting whistleblowers who suffer retaliation for opposing illegal or unsafe conduct that jeopardizes public health and safety. According to the Bureau of Labor Standards, 4836 workers were killed on the job in … Continued

Whistleblower Recovers $250,000 in Punitive Damages

In Raye v. Pan Am Rys., Inc., ARB Case No. 14-074, slip op. (U.S. Dep’t of Labor Sept. 8, 2016), the U.S. Department of Labor’s Administrative Review Board (“ARB”) clarified the standard for assessing punitive damages awards under the anti-retaliation provision of the Federal Rail Safety Act of 1982 (“FRSA”). Punitive Damages in FRSA Whistleblower Retaliation … Continued

Whistleblower Lawyer Zuckerman Will Speak at ABA Panel About Recent Developments in Whistleblower Protection Law

Whistleblower lawyer Jason Zuckerman, Principal of Washington, DC firm whistleblower firm Zuckerman Law, will speak at the November 2016 ABA Annual Labor and Employment Law Conference on a panel titled Recent Developments in Whistleblower Protection Law. This panel will focus on the key developments in whistleblower retaliation claims, including: 1) the scope of protected … Continued

OSHA Issues New Guidance Barring Restrictions on Whistleblowing

OSHA’s Directorate of Whistleblower Protection Programs has issued new policy guidelines on provisions in settlement agreements that restrict whistleblowing. The policy guidance states that “OSHA will not approve a ‘gag’ provision that prohibits, restricts, or otherwise discourages a complainant from participating in protected activity,” and defines “protected activity” to include “filing a complaint with a … Continued

US Steel Rescinding Immediate Injury Reporting Policy in Settlement of Two Whistleblower Retaliation Cases

Settlement of Whistleblower Retaliation Case Includes Rescission of Immediate Reporting Policy In a settlement of two Section 11(c) whistleblower retaliation cases, US Steel agreed to rescind and not enforce its Immediate Reporting Policy. US Steel’s Immediate Reporting Policy discouraged employees from reporting injuries because they risk violating US Steel’s temporally stringent requirement under the policy. This … Continued

OSHA Fines Employer $105,000 for Retaliating Against an Employee Who Complained About Mold Exposure

Disclosing Toxic Mold Exposure is Protected Whistleblowing Under Section 11(c) of the Occupational Safety and Health Act IFCO Services N.A. (IFCO) has agreed to pay $105,000 for violating Section 11(c) of the Occupational Safety and Health Act when it terminated Debra Walters, an office manager, for her disclosures about mold exposure. When Ms. Walters alerted management … Continued

Whistleblower Lawyer Will Speak at BNA Bloomberg Webinar on New Developments in Whistleblower Law

Whistleblower lawyer Jason Zuckerman will speak at a BNA Bloomberg on New Developments in Whistleblower Law on September 27, 2016 at 1:00 PM ET. Zuckerman is privileged to join distinguished experts Jane Norberg, Acting Chief, SEC Office of the Whistleblower, MaryAnn Garrahan, Director of OSHA’s Whistleblower Protection Programs, and Steven Pearlman, Partner, Proskauer Rose. This panel will focus … Continued

What is Contributing Factor Causation in a SOX Whistleblower Case?

Most of the corporate whistleblower protection laws enforced by OSHA, including the Sarbanes-Oxley whistleblower protection law, require the whistleblower to prove that the protected whistleblowing was a “contributing factor” in the employer’s decision to take an adverse employment action. What is “contributing factor” causation? A contributing factor is “any factor which, alone or … Continued

Whistleblower Protection Lawyer Teaches DC Bar Course About Handling Whistleblower Cases

Whistleblower protection lawyer Jason Zuckerman lectured at a DC Bar course on July 18, 2016 titled “Handling Whistleblower Cases: More Than the Basics.” The course addressed the following topics: Some might say whistleblowers are the lifeblood of government transparency. But, how, as attorneys, do you best represent those who wish to expose alleged wrongdoing … Continued

OSHA Issues Final Rules Implementing Consumer Financial Protection Whistleblower Law

Whistleblower Law Protecting Employees in the Banking or Financial Services Industry OSHA has issued final rules implementing the whistleblower protection provision of the Consumer Financial Protection Act (CFPA). Enacted as Section 1057 of the Dodd-Frank Act, the CFPA’s whistleblower protection provision provides robust protection to employees who disclose fraud related to consumer financial protection services. … Continued

OSHA Orders Bank to Reinstate Sarbanes-Oxley Whistleblower

OSHA has ordered JP Morgan Chase to reinstate a former operations manager whose employment was terminated because he raised concerns about failures to properly record loans, both internally and to government regulators, and for refusing to override a failed compliance test and falsely report it as having passed. OSHA also ordered JPMC to pay more … Continued

Whistleblower Lawyer Zuckerman Quoted About OSHA Whistleblower Investigations

A Bloomberg-BNA article entitled New Whistle-Blower Investigation Guidance From OSHA quotes whistleblower lawyer Jason Zuckerman about OSHA’s revised standard governing investigations of the whistleblower protection laws that OSHA enforces. The article reports that OSHA has issued a revised Whistleblower Investigations Manual that defines “reasonable cause” as “somewhat lower than the preponderance of the evidence standard … Continued