March 16, 2016: OHSA Issues Final Procedural Rules for Dodd-Frank Whistleblowers

On March 16, 2016, the Occupational Safety and Health
Administration (OSHA) issued final procedural rules for Dodd-Frank
Whistleblowers. OSHA is the agency responsible for processing Dodd-Frank whistleblower retaliation claims filed under the Consumer Financial Protection Act (CFPA). The OSHA’s final regulations provide that a
complaining employee is protected under the CFPA whistleblower provisions as
long as the employee has both a subjective, good faith belief and an objectively
reasonable belief that he or she has been fired or otherwise retaliated against
in violation of the CFPA. The final regulations state that the complainant must
file their complaint within 180 days after the retaliatory decision has been
both made and communicated to the employee. The OSHA’s final regulations
provide specific time-frames within which the complaint must be investigated,
decided, reported and reviewed. The final regulations also note that in the
event 210 days pass and there is still no final administrative decision, then
the complainant may file his or her claim in federal district court. The
regulations also note that the complainant may file his or her claim in federal
district court within 90 days of receiving an initial agency written decision
on their complaint, as long as no final decision has been issued. The Law
Offices of Elizabeth “Booka” Smith, LLC handles Dodd-Frank whistleblower
retaliation complaints before the OSHA and USDOL and also in federal district
court. If you are an employee who has been retaliated against by your employer
for blowing the whistle on what you reasonably believe are violations of the
CFPA, CONTACT US to schedule an initial consultation to evaluate your case and
to discuss potential legal representation.