Federal Whistleblower Protection Law
to Affect Manufacturing & Retail Industries

By Sally A. Piefer

Congress recently enacted a new whistleblower law. The law protects public and private sector employees in the manufacturing and retail industries who disclose information to an employer, a regulatory agency, or a State Attorney General a reasonably perceived violation of the Consumer Product Safety Commission Act (CPSCA) or any act enforced by the CPSCA. A second aspect of the law protects an employee's good faith refusal to violate the CPSCA.

Under the new law, a retaliation claim must be filed with the Occupational Health and Safety Administration (“OSHA”) within 180 days of the employee first becoming aware of the retaliatory action. After OSHA performs an investigation, either party can request a hearing before a Department of Labor Administrative Law Judge (“ALJ”) and can appeal an ALJ decision to the Department of Labor’s Administrative Review Board. If the Department of Labor has not issued a final decision within 210 days of the filing of the complaint, the employee may file the complaint in federal court, and can request a jury trial. A prevailing employee is entitled to reinstatement, back pay, compensatory damages, and litigation costs including reasonable attorney fees and expert witness fees.

Published: 08/2008