In an article published in InsideCounsel, Steve Pearlman, co-head of Proskauer’s Whistleblowing & Retaliation Group, lent his insight into recently released statistics showing a thirty-percent increase in the number of whistleblower retaliation complaints filed with OSHA since 2009, and the corresponding need for employers to carefully manage these cases. 

Based on his first-hand observations, Pearlman cautions:

I track these cases all over the country, and it’s a new thing every day, and the allegations are serious.  It starts as an employment retaliation claim, but when the case gets running and the media gets a hold of it, it takes on a life of its own because it implicates a compliance failure.  It can be disastrous if not handled right, both from a goodwill standpoint and a money standpoint.

As a result, employers need to take the necessary measures with every complaint from the outset to avoid costly and disruptive litigation.  Our Top 10 Ways To Minimize Whistleblower Risks is the best place to start.

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Photo of Noa Baddish Noa Baddish

Noa M. Baddish is a senior counsel in the Labor & Employment Law Department. She is a member of the Sports, Employment Litigation & Arbitration, Class and Collective Action, Wage & Hour and Whistleblower & Retaliation Practice Groups. Noa is also the Administrative…

Noa M. Baddish is a senior counsel in the Labor & Employment Law Department. She is a member of the Sports, Employment Litigation & Arbitration, Class and Collective Action, Wage & Hour and Whistleblower & Retaliation Practice Groups. Noa is also the Administrative Lead of the Class, Collective and Complex Action Practice Group.

Noa specializes in defending employers in various industries, such as sports, media and entertainment, on a wide variety of matters. With a particular focus on class and collective actions, Noa has successfully defended numerous organizations against complex employment-related claims. Noa’s approach to class and collective action defense is rooted in a thorough understanding of both federal and state employment laws. Noa’s expertise spans topics ranging from wage and hour disputes to discrimination and harassment claims. Noa is well-versed in the intricacies of class and collective action procedures, which allows her to provide comprehensive defense strategies tailored to each client’s objectives and circumstances.

Noa also has experience navigating proceedings before government agencies such as the Equal Employment Opportunity Commission (“EEOC”), including Commissioner Charges and those involving complex, large-scale issues such as claims of pattern or practice discrimination.

Noa also works closely with clients to develop proactive compliance strategies, focused on minimizing the risk of litigation. Noa has particular expertise in advising clients on how to conduct reorganizations or restructuring of businesses, otherwise known as “RIFs” and is experienced in all of the technicalities that come along with these types of group-wide employment actions.

Noa was recognized as a Rising Star by New York Super Lawyers from 2015 through 2020. She has authored and contributed to several articles and newsletters on employment and labor topics, including “Managing Legal and Reputational Risks When Right-sizing Your Workforce,” LegalDive (December 2022), “Mediating Employment Disputes,” LexisNexis (June 2019), “Supreme Court Says that Equitable Tolling Cannot Extend Rule 23(f) Deadline,” Proskauer’s Employee Benefits & Executive Compensation Blog (February 2019), “FLSA Turns 80: The Evolution of ‘Employee’ Status,” LAW360 (June 2018), and “CFTC Whistleblower Awards On The Horizon,” Proskauer’s Corporate Defense and Disputes Blog (May 2015).

Prior to coming to Proskauer, Noa served as Assistant General Counsel to the New York City Mayor’s Office of Labor Relations and defended the Mayor and City agencies against both employee grievances at arbitration and improper practice petitions before the Board of Collective Bargaining. Prior to that, she was a Law Clerk to Judge Ellen L. Koblitz of the Appellate Division of the New Jersey Superior Court.

While in law school, Noa served on the Executive Board as Notes and Articles Editor of the Fordham Urban Law Journal.