Whistleblower Law Blog

OSHA announced its new interim final rules for filing whistleblower complaints and invited the public to submit comments.  In a news release, OSHA stated: “When workers believe their employers are violating certain laws or government regulations, they have the right to file a complaint and should not fear retaliation. Silenced workers are not safe workers,” [...]

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Recognizing that robust whistleblower protection is critical to preventing another financial crisis, Congress included in the Dodd-Frank financial services reform bill (H.R. 4173) numerous provisions designed to encourage whistleblowing and to provide robust protection from retaliation.  These provisions create monetary awards for whistleblowers who provide original information to the SEC or CFTC, strengthen the whistleblower [...]

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On June 29, 2010, a discussion draft of new federal legislation to increase mine safety was released.  The legislation, introduced by Senators Harkin, Murray, and Rockefeller is intended to “improve compliance with mine and occupational safety and health laws, empower workers to raise safety concerns, prevent future mine and other workplace tragedies, [and] establish rights [...]

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On May 20, 2010, OSHA ordered CSX Transportation, Inc. to rescind disciplinary actions and pay a whistleblower $5,000 in punitive damages.  According to OSHA, CSX violated the Federal Rail Safety Act when it disciplined the employee for repeatedly reporting safety concerns to management. The employment attorneys at The Employment Law Group® law firm have experience [...]

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On May 5, 2010, OSHA ordered Worldwide Jet Charter LLC to reinstate a pilot discharged for reporting alleged violations of FAA regulations. The order requires the employer reimburse the pilot for lost wages and pay compensatory damages of more than $21,000 and attorney’s fees of $24,610.  Under the Wendell H. Ford aviation Investment and Reform [...]

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The Patient Protection and Affordable Care Act of 2009 (H.R. 3590) that the House approved on March 21, 2010, creates new whistleblower protections for health care workers and strengthens the coverage of the False Claims Act.  The following is a summary of these provisions and the text of the relevant sections is available here. Section [...]

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On March 11, 2010, Administrative Law Judge Rae issued an order holding that an agreement which provides a joint employer with the ability to accept or cancel the assignment of a leased employee may be sufficient to establish liability under the Surface Transportation Assistance Act (STAA).  In Myers v. AMS Staff Leasing, the respondent contracted [...]

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On March 15, 2010, Administrative Law Judge Daniel Leland awarded Cynthia Ferguson over $151,000 including $75,000 in punitive damages, holding that she was terminated in retaliation for refusing to drive in hazardous conditions.  On a cross country trip, Ferguson encountered extremely inclement weather approaching Donner Pass in the Sierra Nevada Mountains.  Ferguson observed a truck [...]

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On March 11, 2010, The Pump Handle, a blog focused on public health and environmental issues, quoted The Employment Law Group® law firm Principal Jason Zuckerman in a blog post entitled “Wherever I look, whistleblower issues abound.”  The post discusses the urgency of reforming OSHA’s Whistleblower Protection Program and cites Mr. Zuckerman’s comments at a [...]

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In an article titled, “Labor Issues Loom Large,” Human Resource Executive Online reports on the potential impact of President Obama’s 2011 budget on the enforcement of employment laws.  The article discusses the potential impact of Congress providing OSHA with additional funding for investigations and enforcement. While employment practitioners speculate that increased OSHA enforcement will have [...]

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A report released by the Government Accountability Office (“GAO”) reveals that the Department of Labor’s (“DOL”) Occupational Safety and Health Administration (“OSHA”) lacks adequate resources for processing whistleblower complaints.  As a result, many whistleblower complaints are not investigated, while others fail to be recorded in OSHA’s database.  According to GAO auditors, nearly half of the whistleblower [...]

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