Whistleblower Protections for Employees Apply Regardless of Immigration Status

OSHA prohibits retaliation against employees for exercising their workplace rights, regardless of the employees’ immigration status. That issue has come up in a recently filed federal lawsuit initiated by the U.S. Department of Labor when an undocumented construction worker was arrested by U.S. Immigration and Customs Enforcement shortly after reporting a workplace injury and filing a worker’s compensation claim arising from a 2017 accident. Section 11(c) of the OSH Act prohibits employers from discriminating against their employees for exercising their rights under the OSH Act.…
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OSHA Teams Up with Department of Justice to Utilize Criminal Prosecution to Protect Worker Safety

The United State Department of Justice and the United States Department of Labor have entered into a Memorandum of Understanding to provide for the coordination of matters pertaining to worker safety that could lead to criminal prosecution by the Department of Justice. Under the Memorandum, the U.S. Attorneys’ Offices will work with OSHA, Mine Safety (MSHA), and Wage and Hour Division to investigate and prosecute worker endangerment violations. Over a year ago, the Departments of Justice and Labor began meeting to explore a joint effort…
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