OSHA advised that it reserves the right not to approve settlements with liquidated damages provisions.3 Also, OSHA will not approve a "gag" provision that prohibits, restricts, or discourages protected activity, such as filing a complaint with a government agency, participating in an investigation, testifying in proceedings, or otherwise providing information to the government. In addition to the OSHA criteria, criminal statutes would likely prohibit such "gag" provisions, such as the Federal Blackmail Statute, 18 U.S.C. § 873, and New Jersey’s prohibition against Compounding, N.J. STAT. ANN. § 2C:29-4. In the past six months, OSHA has engaged in a number of whistleblower protection enforcement activities that should caution employers about how to respond to a whistleblower complaint.