News & Analysis as of September 18, 2024

Occupational Safety and Health Administration › Adverse Employment Action

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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... more +

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 -

Return to Sender - OSHA Obtains Injunction Against Postal Service for Retaliatory Termination of Employees

Bricker Graydon LLP on 7/24/2024

On July 3, 2024, the Occupational Safety and Health Administration (OSHA) obtained an injunction against the United States Postal Service (USPS), protecting USPS employees from retaliation for reporting workplace injuries....more

Snapshot on Workplace Safety: Will SCOTUS Whistleblower Ruling Have Broader Impact on OSHA Investigations?

Fisher Phillips on 2/23/2024

Welcome to this edition of the FP Snapshot on workplace safety, where we take a quick snapshot look at a recent significant workplace law development that affects your safety and health programs. This edition is devoted to...more

Beltway Buzz - September 2023

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/5/2023

DOL Proposes Changes to Overtime Regulations. On August 30, 2023, the U.S. Department of Labor (DOL) announced that it would issue a notice of proposed rulemaking to amend the regulations implementing the overtime provisions...more

Tennessee and Florida State Law Restrictions on Employer Vaccine Mandates

Husch Blackwell LLP on 11/23/2021

Tennessee and Florida enacted state laws earlier this month that impose restrictions on an employer’s ability to impose vaccine mandates or to ensure employees are vaccinated. While Tennessee’s law provides employers who are...more

The Top 18 Workplace Law Stories from September 2021

Fisher Phillips on 10/6/2021

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

OSHA Raises the Standard Impacting COVID-19 Whistleblower Claims

Parker Poe Adams & Bernstein LLP on 9/17/2021

Under Section 11(c) of the Occupational Safety and Health Act, employers are prohibited from taking adverse action against an employee because the employee has engaged in protected activity under the statute, such as filing a...more

Decision Reminds Providers of Limits on Restricting Employee Communications with Media

Akerman LLP - Health Law Rx on 7/20/2021

Hospitals and medical groups that bar staff from communicating with the media should take another look at those prohibitions following a recent federal appellate decision finding such a policy unlawful under the National...more

October 2020: The Top 11 Labor And Employment Law Stories

Fisher Phillips on 11/4/2020

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

The Continuing Spread Of Employee Lawsuits Related To COVID-19

Weintraub Tobin on 8/20/2020

A blog we published here on May 28, 2020, warned that whistleblower, disability and leave claims against employers may reach a fever pitch as workplaces begin reopening from the COVID-19 shutdown. A recent audit by the U.S....more

OSHA Invites, Receives Public Comments on Whistleblower Protection Program

Morgan Lewis - Up & Atom on 5/19/2020

The Occupational Safety and Health Administration (OSHA) recently held a public stakeholder meeting to discuss its Whistleblower Protection Program and how it can improve its administration of the 20-plus whistleblower...more

Sixth Circuit Rejects Chain-of-Events Theory of Causation in Whistleblower Cases

Morgan Lewis - Up & Atom on 5/15/2020

The US Court of Appeals for the Sixth Circuit’s recent favorable decision in Lemon v. Norfolk Southern Railway Corporation, announced its rejection of the chain-of-events theory of causation in whistleblower cases. In doing...more

OSHA Issues Reminder Regarding Retaliation Prohibition

McNees Wallace & Nurick LLC on 4/17/2020

In the midst of the COVID-19 pandemic, the Occupational Health and Safety Administration (“OSHA”) saw fit to remind employers that it remains illegal to retaliate against workers who report unsafe and unhealthful working...more

COVID-19 in the Workplace - We May Not Be at Peak Yet, but the Lawsuits Are Already Coming

Foley & Lardner LLP on 4/14/2020

The COVID-19 pandemic has placed significant strains on virtually every aspect of life. While state and local governments have forced many businesses to suspend operations in an effort to mitigate the spread of the virus,...more

Coronavirus: 13 Things Employers Should Do to Protect Employees, Customers

Lewitt Hackman on 3/10/2020

With the number of Coronavirus cases increasing daily, many employers wonder what steps can and should be taken to protect their employees and customers, while still complying with California and Federal labor laws. Based on...more

Intent Matters in Asserting Whistleblower Retaliation Under the Federal Railroad Safety Act

Littler on 3/4/2020

In Dakota, Minnesota and Eastern Railroad Corp. v. the Department of Labor, No. 18-2888 (8th Cir. Jan. 30, 2020), a case under the Federal Railroad Safety Act (FRSA), the Eighth Circuit reasserted that claimants must prove...more

DOL Implements Procedures for New Tax Whistleblower Claim Under Taxpayer First Act

Polsinelli on 9/24/2019

On September 11, 2019, the Department of Labor announced that whistleblower retaliation complaints under the Taxpayer First Act (TFA) will be handled by the Occupational Safety and Health Administration (OSHA). ...more

OSHA Redesigns Whistleblower Protection Program Website. Is your Anti-Retaliation Program up to Date?

Franczek P.C. on 7/24/2019

OSHA recently modernized its Whistleblower Protection Program Website. The redesigned site includes useful and interactive materials regarding whistleblower statutes enforced by OSHA, including a video that highlights...more

Passage of Time Defeats North Carolina Employer Retaliation Claim

Parker Poe Adams & Bernstein LLP on 7/22/2019

North Carolina’s Retaliatory Employment Discrimination Act (REDA) prohibits employers from taking retaliatory action against employees on the basis of workers’ compensation, OSHA, wage and hour, and other state labor law...more

My Safety Complaint Was Unsafe for My Continued Employment

Bradley Arant Boult Cummings LLP on 2/28/2019

OSHA Safety Retaliation – What Is It? Virtually every employee protection law, federal or state, has some sort of anti-retaliation provision. The federal Occupational Safety and Health Act is no exception. The Occupational...more

Disasters and the Workforce: Navigating Stormy Waters

Akerman LLP - HR Defense on 9/14/2017

Thousands of Florida coastal residents were ordered to evacuate last week in anticipation of Hurricane Irma, even as their employers remained open. A pizza restaurant manager made headlines when he threatened action against...more

Another Party Enters ACA Enforcement and HIPAA Privacy and Security Enforcement Expands

Winstead PC on 10/27/2016

OSHA Joins the ACA Enforcement Regime - Effective on and after October 13, 2016, employers need to watch their mail from the Occupational Safety and Health Administration (“OSHA”) for notices related to ACA retaliation...more

OSHA Clarifies Its “Just Say No” to Automatic Post-Accident Drug-Testing Position

Akerman LLP - HR Defense on 10/27/2016

How do employers reconcile automatic drug-testing required by workers’ compensation laws with the provisions of OSHA’s new Rule saying that automatic testing could be retaliatory? Following our recent blog on that issue, many...more

OSHA Issues Final Rule On Complaints Under Affordable Care Act's Anti-Retaliation Provision

Holland & Knight LLP on 10/26/2016

The Affordable Care Act (ACA) added Section 18C to the Fair Labor Standards Act (FLSA) to prohibit retaliation against employees who engage in certain activities protected by the ACA. Responsibility for receiving and...more

New Food Safety Whistleblower Regulations: OSHA Bites Off More Than It Can Chew

Seyfarth Shaw LLP on 5/3/2016

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...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

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