Image of Does OSHA prohibit gag clauses in settlement agreements?

Does OSHA prohibit gag clauses in settlement agreements?

Yes, if a Sarbanes-Oxley Act complaint is resolved before OSHA, they will evaluate the proposed settlement to ensure that it does that prevent the employee from being able to blow the whistle to the SEC, or to any other agency of the US government. Recently, OSHA issued some guidance in approximately August 2016 that indicates they will look closely at settlement agreements to ensure that the Sarbanes-Oxley complainant is not required to waive the right to seek a recovery from the SEC, and to ensure the complainant would not have to acknowledge it in a settlement agreement whether or not that individual has already blown the whistle to the SEC. To learn more about OSHA’s position on gag provisions in settlement agreement, click on this Zuckerman Law blog post: OSHA Issues New Guidance Barring Restrictions on Whistleblowing

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Jason Zuckerman, Principal of Zuckerman Law, litigates whistleblower retaliation, qui tam, wrongful discharge, and other employment-related claims. He is rated 10 out of 10 by Avvo, was recognized by Washingtonian magazine as a “Top Whistleblower Lawyer” in 2015 and selected by his peers to be included in The Best Lawyers in America® and in SuperLawyers.