February 02, 2017 feature

OSHA Enacts Settlement Agreement Rules in Whistleblower Cases

New guidelines impose restrictions on employers’ terms discouraging protected activity

By Kelso L. Anderson

Settlement agreements between employers and employees must not infringe upon protected whistleblower activities, according to new guidelines from the Occupational Safety and Health Administration (OSHA).

The Interim Guidance reflects a broad exercise of OSHA's regulatory power that comports with a recent trend in which agencies deploy their considerable regulatory prowess to protect whistleblowers, say ABA Section of Litigation leaders.

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