On January 28, 2020, David Colapinto, General Counsel of the National Whistleblower Center, testified before the House Subcommittee on Government Operations hearing entitled “Protecting Those Who Expose Government Wrongdoing” to discuss the urgent need for enhanced whistleblower protection from federal employees. During his remarks, Colapinto emphasized the essential elements for effective protection against retaliation. The mission of the Wages and Hours Division (WHD) is to promote and enforce labour standards in order to protect and enhance the well-being of the country`s workforce. The agency enforces the federal minimum wage, overtime pay, records and child labor requirements of the Fair Labor Standards Act. WHD also enforces the Migrant and Seasonal Workers Protection Act, the Worker Polygraph Protection Act, the Family and Sick Leave Act, the garnishment and wage garnishment provisions of the Consumer Credit Protection Act, and a number of employment standards and worker protections, as provided for in several immigration laws. You are protected from reprisal if you report issues related to minimum wage, overtime pay, records, lie detector tests, family and sick leave, and youth employment (regardless of immigration status). Staff should ask for the precise nature of a Sixth Amendment indictment, assuming an unresolved dispute will be resolved in a courtroom under Seventh Amendment protection. Employees cannot be compelled to answer questions about possible crimes, assuming that all of those questions fall within the protection of the Fifth Amendment. No employee may be denied this protection for any reason. The difficulty with the freedom of expression rights of whistleblowers who publish their revelations, especially those of national defense that contain classified information, can threaten national security.

[1] Sarbanes-Oxley contains two provisions that apply to not-for-profit organizations: whistleblower protection and record-keeping provisions. A whistleblower policy encourages employees and volunteers to provide credible information about illegal practices or violations of policies adopted by the organization, determines that the organization protects the individual from reprisal, and identifies employees, board members or external parties to whom this information may be disclosed. Reported. Specific constitutional protections are as follows: Rules vary from state to state, but workers are generally entitled to a paid 15-minute break every two hours and one hour of unpaid meals every four. In most states, workers are entitled to overtime for missed breaks, and state health and safety regulations extend to federal employees. You are protected from retaliation if you report issues related to employee safety, consumer product and food safety, environmental protection, fraud and finances, health insurance and transportation services. Allowing whistleblowers of federal employees to hear their claims in U.S. district courts would simplify the court process and give federal employees the same rights as other whistleblowers. The Whistleblower Protection Act (WPA), passed in 1989, is one of the most important pieces of legislation outlining the right of public sector employees to report misconduct to ensure that all government employees can safely disclose “violations of laws, rules or regulations or mismanagement, gross waste of funds, an abuse of authority and/or a significant and specific threat to public health and safety”.

Reprisals occur when an employer (through a manager, supervisor or administrator) terminates an employee or takes other adverse action against an employee for engaging in protected activity. Whether or not Dodd-Frank retaliation protection extends to you, you may still be eligible for a reward through our whistleblower rewards program. You do not need to reside or work in the United States to be eligible for an award under our Whistleblower Awards program. The Office of Federal Contract Compliance Programs (OCFCCP) protects workers, promotes diversity and enforces the law. OFCCP holds those who do business with the federal government (contractors and subcontractors) accountable for meeting the legal obligation to take positive action and not to discriminate on the basis of race, color, sex, sexual orientation, gender identity, religion, national origin, disability, or protected veteran status. In addition, contractors and subcontractors are prohibited from dismissing or otherwise discriminating against candidates or employees who inquire about their compensation or that of others, subject to certain restrictions. Unions can provide additional legal protection that may not be available without unionization. The Forbidden Personnel Practices Act amended the United States Code, Title 5: Government Organization and Employees, to provide whistleblower protection for federal employees. The law prohibits retaliation for whistleblowing. Also in 2014, Congress enacted 50 United States Code § 3234, which clarifies what information can be contained in an intelligence informant complaint, including “violation of any law, rule, or regulation” or “abuse of authority.” Article 3234 requires the President to ensure the implementation of this law.

The most well-known whistleblower protection law is the Misrepresentation Act, and its provisions are strong. Better yet, the law extends its protections beyond whistleblowers to those who investigate, initiate, support or testify to a whistleblowing action. Federal employees have some whistleblower protection from the federal government. However, specific reforms to these laws are needed to make whistleblowing safer and more effective for federal employees. If you believe you have been retaliated against for protected whistleblowing, you can contact one of the following offices: Some states have laws protecting whistleblowing, such as New York. [23] A school nurse who was fired for reporting a single case of child abuse[24] that was allegedly “covered up” could seek protection under New York law. [25] [26] The Whistleblower Protection Act protects federal employees and job applicants who lawfully disclose information that they reasonably believe to be evidence: they are protected from reprisal, intimidation, threats, coercion, harassment and discrimination because you have engaged in a protected activity under an equal opportunity law administered by the OCPCC, for example: filing a complaint of discrimination, providing information to OFCCP during a compliance assessment, or against practices that are illegal under equality laws. Sample analysis: Workers have the right to call OSHA to report a dangerous condition.