Tag Archives: Anti-Retaliation

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

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 reported previously on the Work Knowledge Blog, the … Continue reading this entry

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

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 provided in previous documents, such as in the 2012 … Continue reading this entry

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

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 may have been associated with ongoing litigation over the … Continue reading this entry

OSHA Update—Delayed Enforcement of Anti-Retaliation Provisions for New Reporting Rule

The Occupational Safety and Health Administration (“OSHA”) has announced that it will delay enforcement of the anti-retaliation provisions in its new workplace injury and illness reporting rule.  Originally, it was scheduled to go into effect on August 10, 2016, but enforcement of the anti-retaliation provisions will now begin on November 1, 2016.  OSHA stated that … Continue reading this entry

By George, It Must Be Formal — Informal Complaints May Not Be Protected by ERISA’s Anti-Retaliation Provision

Section 510 of the Employee Retirement Income Security Act of 1974 (ERISA) protects an employee who “has given information or has testified or is about to testify in any inquiry or proceeding relating to” ERISA from retaliation by that person’s employer. 29 U.S.C. § 1140. It is clear that, if an employee testifies regarding an … Continue reading this entry