Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.

 Skip to Content

OSHA to Investigate Whistleblower Retaliation Complaints Under Newest Antitrust and Money Laundering Laws
February 26, 2021
The Occupational Safety and Health Administration (OSHA), the enforcement agency for more than 20 whistleblower statutes, is now heading up enforcement for at least two more whistleblower laws. Last Friday, the U.S. Department of Labor (DOL) announced that OSHA will be in charge of investigating complaints from whistleblowers who say they were retaliated against for assisting investigations or proceedings related to alleged antitrust or money laundering-related wrongdoing. The additional oversight comes because of the Criminal Antitrust Anti-Retaliation Act (CAARA) and the Anti-Money Laundering Act (AMLA), both of which were enacted within the last few months.

CAARA prohibits employers from retaliating against individuals who report criminal antitrust violations to the federal government or their superiors. Such retaliation includes discharge, demotion, suspension, harassment, or other discrimination.

The AMLA created a new whistleblower award program expanding incentives to those reporting possible violations of the Bank Secrecy Act. Under the AMLA, whistleblowers can file a complaint with the DOL for any retaliatory action taken and, if they do not receive a decision within 180 days, bring the complaint to a federal district court and seek a jury trial. A successful whistleblower may be reinstated and potentially receive compensatory damages, double back pay, and reasonable attorneys' fees. The AMLA's amendment to the Bank Secrecy Act has expanded greatly the options for whistleblowers alleging violations of anti-money laundering laws and potentially may create a wave of litigation and government actions, similar to what occurred in the wake of the creation of the Dodd-Frank whistleblower program.

The expansion of whistleblower rights through legislation coupled with an anticipated increase in enforcement under the Biden administration means companies should double down on compliance efforts. Now is the time to invest in additional training, audit existing policies, and properly investigate all whistleblower claims.

OSHA's investigation of CAARA and AMLA whistleblower retaliation complaints will be processed using procedures under the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century until the agency issues interim final rules specific to the new acts.
Related Practices
Labor & Employment White Collar Crime & Government Investigations
©2024 Carlton Fields, P.A. Carlton Fields practices law in California through Carlton Fields, LLP. Carlton Fields publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information and educational purposes only, and should not be relied on as if it were advice about a particular fact situation. The distribution of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship with Carlton Fields. This publication may not be quoted or referred to in any other publication or proceeding without the prior written consent of the firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our Contact Us form via the link below. The views set forth herein are the personal views of the author and do not necessarily reflect those of the firm. This site may contain hypertext links to information created and maintained by other entities. Carlton Fields does not control or guarantee the accuracy or completeness of this outside information, nor is the inclusion of a link to be intended as an endorsement of those outside sites.