[15] Many psychological conditions are seldom covered by workers’ compensation, and some states prohibit mental health claims unless the employee can establish a direct connection to a physical workplace injury that was the cause of the mental injury.[16] 42 U.S.C. § 2000(e).[17] 29 U.S.C. § 623[18] 29 U.S.C. § 2601.[19] Families First Coronavirus Response Act, Pub. L. 116-127.[20] 29 U.S.C. § 660(c) (providing protections for employees who raise a health or safety complaint with OSHA).[21] 29 U.S.C. § 158(a); see also Maine Coast Regional Health Facilities, NLRB, 01-CA-209105, 01-CA-212276 (March 30, 2020) (noting that healthcare workers who are terminated for publicly raising concerns about working conditions in healthcare facilities may have a claim under the NLRA).[22] For example, a nurse in Chicago filed a whistleblower complaint in Cook County Circuit Court against Northwestern Memorial Hospital in March, alleging retaliatory discharge, violation of the Illinois whistleblower statute, and respondeat superior.

This can presumably include social distancing and shelter-in-place orders issued or adopted by the Occupational Safety and Health Administration (OSHA).29 U.S.C. § 660(c) provides for a legal claim for an employee terminated “because of the exercise by such employee on behalf of himself or others of any right afforded by this chapter.” Claims must be filed with the Secretary of Labor within 30 days of the termination.

Updated Enforcement In conjunction with the new reporting and recordkeeping rule, OSHA announced a Supplemental Notice of Proposed Rulemaking in the August 14, 2014 Federal Register concerning its intent to increase enforcement and oversight to ensure employers are not punishing or discouraging workers from reporting work-related injuries or illnesses. The Occupational Safety and Health Act, 29 U.S.C. § 660(c), prevents an employer from discharging or otherwise discriminating against an employee because that employee exercises any rights under the Act. Pursuant to 29 CFR § 1904.

ients and brokerage customers from reporting potential violations. Gurbir S. Gewal, director of the SEC’s Division of Enforcement, stated, “Whether it’s in your employment contracts, settlement agreements, or elsewhere, you simply cannot include provisions that prevent individuals from contacting the SEC with evidence of wrongdoing.” J.P. Morgan agreed to pay $18 million in penalties.Do Other Agencies Have Similar Requirements?Yes. Several federal agencies have whistleblower award programs. Like the SEC, these agencies prohibit companies from interfering with employees’ rights to engage in whistleblowing or to collect government-administered whistleblowing awards.Agencies with such rules include:The DOJ, including for reporting suspected Foreign Corrupt Practices Act violations, under 15 U.S.C. § 78u–6 - Securities whistleblower incentives and protection.The Department of Labor, including the Occupational Safety and Health Administration, under Private Settlement Policy Guidelines and 29 U.S.C. § 660(c)(1)The IRS, which protects whistleblowers against retaliation under 26 U.S.C. § 7623 - Expenses of detection of underpayments and fraud, etc.The Department of Transportation, which provides for monetary awards to whistleblowers under 49 U.S.C. § 30172 - Whistleblower incentives and protections.The Commodities Futures Trading Commission, which has nondiscretionary duty to pay awards to whistleblowers under 7 U.S.C. § 26(b).A compilation of federal whistleblower protection statutes can also be found here.ConclusionThese recent actions and statements from the SEC signal its continued focus on enforcing Rule 21F-17.Employers should revisit their policies and employee agreements to ensure that they include carveouts for communications with regulators and other terms that would comply with Rule 21F-17. Overly broad clauses may be unlawful and may result in costly penalties.Finally, employers should keep in mind that the SEC is not the only agency that provides protections for whistleblowing act

ws that the two agencies enforce. The NLRB and OSHA each released separate statements announcing the seven-and-a-half-page memo.Specifically, the MOU (pages 1-2) focuses on the following legal provisions:the National Labor Relations Act (“NLRA”) – Section 7 of the NLRA guarantees employees “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection,” as well as the right “to refrain from any or all such activities” (see29 U.S.C. § 157). Section 8(a)(1) of the NLRA makes it an unfair labor practice for an employer “to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in Section 7” of the Act (see29 U.S.C. § 158); andthe anti-retaliation provisions of the Occupational Safety and Health Act (“OSH Act”) including, but not limited to Section 11(c), 29 U.S.C. 660(c), of the OSH Act and any current and future statutory protections which OSHA is charged with enforcing, including various whistleblower provisions.In addition, the agencies jointly issued a “Fact Sheet,” entitled “Building Safe & Healthy Workplaces by Promoting Worker Voice.”MOU Expands on Previous Cooperative Efforts“Because many worker efforts to improve safety and health in their workplaces are protected under both the [OSH Act and the NLRA], the NLRB and OSHA have historically engaged in cooperative efforts and have entered into formal Memoranda of Understandings to engage in interagency coordination since 1975,” the NLRB’s statement observed. Tuesday’s agreement “expands on the historic interagency coordination by enabling the NLRB and OSHA to closely collaborate by more broadly sharing information, conducting cross-training for staff at each agency, partnering on investigative efforts within each agency’s authority, and enforcing anti-retaliation provisions,” the NLRB continued.T

See 29 C.F.R. § 1910.501(l)(3)(ii).29 C.F.R. § 1904.39(b)(6) (Employers must report such hospitalizations within 24 hours of knowing both that the employee has been in-patient hospitalized and that the reason for the hospitalization was a work-related case of COVID-19).Id. (Employers must report the fatality within eight hours of knowing both that the employee has died, and that the cause of death was a work-related case of COVID-19).See .See 29 U.S.C. § 660(c).See 29 C.F.R. § 1910.501(m)(2)(i).See 29 C.F.R. § 1910.501(d).

Notably, the public meeting comes six weeks after OSHA announced a change in its interpretation of the whistleblower provision of the Occupational Safety and Health Act, encoded at 29 U.S.C. § 660(c)(1).On September 03, 2021, based on U.S. Supreme Court decisions, OSHA amended its interpretation of the Act’s anti-retaliation provision to require that whistleblowers meet the “but for” standard to prove that their protected activity caused the adverse action.

However, because of concerns over COVID-19 transmission in a crowded conference room, Nuñez stayed at her desk and performed other work.After Nuñez was terminated, she filed a complaint with the Occupational Safety and Health Administration (“OSHA”). OSHA investigated the complaint and determined that the discipline imposed on Nuñez violated 29 U.S.C. § 660(c)(1), which prohibits discrimination against or termination of an employee who makes a protected health and safety complaint.This case serves as a reminder to employers to take employee safety complaints seriously, and act with care when imposing discipline or other adverse actions against employees who have raised safety concerns. When disciplinary action is imposed, employers should preserve all documentation concerning the decision making process, as the increase in retaliation claims under OSHA and other laws is likely to continue for some time.

42 U.S.C. § 12112(d)(4)(B);29 C.F.R. 1630.14(d).https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws.https://www.fda.gov/vaccines-blood-biologics/vaccines/emergency-use-authorization-vaccines-explained. Section 11(c) of the Occupational Safety and Health Act, 29 U.S.C. § 660(c), protects employees from discrimination or retaliation for complaining internally or to OSHA about safety and health concerns. .[View source.]

“U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic,” available at https://www.osha.gov/news/newsreleases/national/04082020. 29 U.S.C. § 654(a)(1). 29 U.S.C. § 660(c).Investigator’s Desk Aid to the Occupational Safety and Health Act (OSH Act) Whistleblower Protection Provision OSHA Whistleblower Protection Program, p. 6 (Jan. 9, 2019).U.S. Dep’t of Justice, Principal Deputy Assistant Attorney General Ethan P. Davis delivers remarks on the False Claims Act at the U.S. Chamber of Commerce’s Institute for Legal Reform (June 26, 2020), https://www.justice.gov/civil/speech/principal-deputy-assistant-attorney-general-ethan-p-davis-delivers-remarks-false-claims. 31 U.S.C. § 3729.https://www.sec.gov/oiea/investor-alerts-and-bulletins/ia_coronavirus.https://www.osha.gov/whistleblower/WBComplaint.html.