More About OSHA's Whistleblower Program

OSHA is beefing up its whistleblower protection program. OSHA Assistant Secretary acknowledged that protection from retaliation is essential to effective enforcement. More about what is covered and who to contact at http://www.whistleblowers.gov/

Dr. David Michaels, new OSHA head appointed by President Obama stressed that leadership at the United States Department of Labor “profoundly understands the cornerstone position that whistleblower protections have in the foundation of a strong worker protection program.”

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Attorney's Fees Awarded for Collecting FLSA Settlement

United States District Judge William P. Dimitrouleas entered an order in an overtime case under the Fair Labor Standards Act awarding an employee plaintiff additional attorney's fees incurred in collecting his back pay settlement. The order clarifies the law in the Southern District of Florida regarding whether additional post-settlement collection fees are appropriate in the situation where an employer has failed to comply in full with payment obligations under a mediated settlement . Download the Court's order here. Legal advice and assistance in recovering unpaid overtime compensation at mccoyesquire.com

OSHA Protects Workers Who Object to Unsafe Working Conditions

Section 11(c) of the Occupational Safety and Health Act protects employees from reprisals for exercising their rights under the Act, including their right to complain about unsafe or unhealthy working conditions. It provides in general that no person shall discharge or in any manner discriminate against any employee because the employee has: (a) Filed any complaint under or related to the Act; (b) Instituted or caused to be instituted any proceeding under or related to the Act; (c) Testified or is about to testify in any proceeding under the Act or related to the Act; or (d) Exercised on his own behalf or on behalf of others any right afforded by the Act. An employee who believes that he has been discriminated against in violation of section 11(c) of the Act may, within 30 days after such violation occurs, lodge a complaint with the Secretary of Labor alleging such violation. The Secretary shall then cause appropriate investigation to be made. If, as a result of such investi...

Social Security Administration Awards Disability Benefits Based On Claimant's Fibromyalgia

On January 11, 2016, Administrative Law Judge Richard J. Ortiz-Valero entered a decision awarding disability insurance benefits and finding that due to her fibromyalgia the claimant was disabled under sections 216(i) and 223(d) of the Social Security Act. The decision is significant in that fibromyalgia is not a "listed" impairment under the Social Security Administration's regulations. These regulations, 20 C.F.R. Part 404, Subpart P, Appendix 1, list many of the most readily diagnosed medical conditions and their symptoms which can reach a severity which is considered disabling. In the usual case, in order to award benefits the Social Security Administration must determine that the claimant's impairment is of a severity to meet or medically equal the criteria of a "listed" impairment. This claimant's condition had been diagnosed by several physicians as fibromyalgia ("FM"). FM affects the muscles and soft tissues. Symptoms include chr...

Worker Rights and Remedies

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