Work Knowledge Blog

Work Knowledge Blog

Category Archives: Retaliation/Whistleblower

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Top 5 Mistakes Employers Make with Their Employee Handbooks

Posted in Compliance, Discrimination, Policies & Practices, Retaliation/Whistleblower, Wage & Hour

As 2016 winds down and a new year approaches, now is a great time for employers to think about their employee handbooks and employment policies in general.  As employers go about that thought-process, here are a few common mistakes employers should try to avoid:

(1) Self-Regulation:  Employers… Continue Reading

OSHA Update—Texas Judge Denies Injunction Against Enforcement of Anti-Retaliation Provisions of Final Rule

Posted in OSHA, Policies & Practices, Retaliation/Whistleblower

On November 28, 2016, Judge Sam Lindsay in the United States District Court for the Northern District of Texas denied an employer group’s request for a nationwide injunction against the Occupational Safety and Health Administration’s enforcement of certain anti-retaliation provisions in the new final rule.  As we… Continue Reading

OSHA Update—OSHA Issues Enforcement Guidance on New Reporting and Anti-Retaliation Provisions

Posted in OSHA, Policies & Practices, Retaliation/Whistleblower

The Occupational Safety and Health Administration (“OSHA”) has issued a memorandum to its Regional Administrators and published a new webpage outlining its planned enforcement of the new reporting and anti-retaliation provisions.  The agency’s guidance does little more than restate and expound upon what it has already… Continue Reading

OSHA Update—OSHA Delays Enforcement of Anti-Retaliation Provisions for Second Time

Posted in OSHA, Retaliation/Whistleblower

The Occupational Safety and Health Administration (“OSHA”) announced today that it will delay enforcement, for a second time, of the anti-retaliation provisions in its injury and illness tracking rule until Dec. 1, 2016.  We previously reported on the Work Knowledge Blog that the first delay in enforcement… Continue Reading

OSHA Update—OSHA Issues Final Rule Regarding Retaliation Claims under the Affordable Care Act

Posted in OSHA, Retaliation/Whistleblower

The Occupational Safety and Health Administration (“OSHA”) announced yesterday that it has published a final rule regarding how it will handle retaliation claims brought by employees under the Affordable Care Act (“ACA”).  OSHA is generally tasked with investigating whistleblower complaints brought by employees under the Occupational… Continue Reading

OSHA Update—New Guidance on Settlement Agreements in Whistleblower Cases

Posted in OSHA, Retaliation/Whistleblower

The Occupational Safety and Health Administration (“OSHA”) recently issued new guidelines for the approval of settlement agreements between employers and employees during whistleblower cases. These guidelines will replace Chapter 6, paragraphs XII.E.2 and 3, of the OSHA Whistleblower Investigation Manual, the current version of which was… Continue Reading

Legal Considerations for Employers during Election Years—Part III

Posted in Compliance, Discrimination, NLRB, Policies & Practices, Retaliation/Whistleblower, Social Networking

With the Presidential election heating up, employers may see an increasing interest in politics among their employees.  As we have covered recently in the Work Knowledge Blog, private employers are not bound by the First Amendment’s right to free speech.  But employees do have certain limited… Continue Reading

Emotional Distress & Punitive Damages Unvailable in FLSA Retaliation Claims

Posted in Retaliation/Whistleblower, Wage & Hour

The FLSA imposes minimum labor standards upon employers, including the payment of a minimum wage and overtime pay for covered employees. In order to facilitate enforcement, the FLSA includes an anti-retaliation provision which makes it unlawful for an employer to discharge or in any other manner discriminate against… Continue Reading