On April 29, 2014, David Michaels, the Assistant Secretary of Labor for Occupational Safety and Health, testified before the U.S. Senate subcommittee of the Committee on Health, Education, Labor and Pensions regarding proposed changes to the Occupational Safety and Health Act of 1970 (“OSH Act”) whistleblower provision. After highlighting some the recent changes in the OSHA whistleblowing programs, including the development of online complaint filing processes (as discussed in an earlier blog post) and a staffing increase, Assistant Secretary Michaels urged legislators to consider increasing the statute of limitations for filing a whistleblower complaint under the OSH Act.

Currently, the OSH Act requires whistleblowers to file a complaint within thirty days of the alleged retaliatory act. 29 U.S.C. § 660(c)(2). The Assistant Secretary testified that OSHA dismisses over 200 whistleblower claims asserted under the OSH Act each year as untimely. He stated that in many cases, the employee will learn of the adverse employment action, which triggers the statute of limitations, but will not know about the employer’s unlawful retaliatory motive until later, at which point the employee cannot assert a timely claim. Assistant Secretary Michaels gave three examples of where an employee’s untimely filing of an OSHA complaint resulted in the dismissal of the employee’s potentially meritorious complaint.

Assistant Secretary Michaels added that over 600 more complaints would have been eligible for investigation if the OSH Act was amended to allow whistleblowers to file a complaint within 180 days of the alleged retaliatory act.

Assistant Secretary Michaels also asked lawmakers to consider other changes to the OSH Act whistleblower provision, including: granting OSHA the authority to order immediate preliminary reinstatement; permitting individuals to assert a judicial action when the administrative proceeding is not processed in a timely manner; adding a process for the full administrative adjudication of whistleblower claims; and adopting a burden of proof causation standard that is more favorable to whistleblowers.

Notably, Assistant Secretary stated that the majority of the whistleblower complaints OSHA currently receives are filed under the OSH Act. Thus, if accepted, his proposal of expanding the OSH Act’s statute of limitations could lead to a significant uptick in whistleblower complaints and OSHA investigations.

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Photo of Steven J. Pearlman Steven J. Pearlman

Steven J. Pearlman is a partner in the Labor & Employment Law Department, where he is Head of the Restrictive Covenants, Trade Secrets & Unfair Competition Group and Co-Head of the Whistleblowing & Retaliation Group.

Employment, Whistleblower, Restrictive Covenant and Trade Secret Practice.…

Steven J. Pearlman is a partner in the Labor & Employment Law Department, where he is Head of the Restrictive Covenants, Trade Secrets & Unfair Competition Group and Co-Head of the Whistleblowing & Retaliation Group.

Employment, Whistleblower, Restrictive Covenant and Trade Secret Practice. Steven’s national practice focuses on defending companies in federal and state courts and arbitration against claims of: discrimination, retaliation and harassment, including claims brought by high-level executives; whistleblower retaliation; restrictive covenant violations; theft of trade secrets; and wage-and-hour violations (including class, collective and PAGA actions).

Illustrating his versatility, Steven has successfully handled bench and jury trials in multiple jurisdictions (e.g., Illinois, California, Florida and Texas); defended one of the largest Illinois-only class actions in the history of the federal courts in Chicago; and prevailed following his oral arguments before the Seventh Circuit and state appellate courts. Steven brings his litigation experience to bear in counseling clients to minimize risk and avoid or prepare for success in litigation.

Investigations. Reporting to boards of directors, their audit committees, CEOs and in-house counsel, Steven conducts sensitive investigations and has testified in federal court. His investigations have involved complaints of sexual harassment involving C-suite officers; systemic violations of employment laws and company policies; and fraud, compliance failures and unethical conduct.

Thought Leadership and Accolades. Steven was named Lawyer of the Year for Chicago Labor & Employment Litigation in the 2023 edition of The Best Lawyers in America. He was also named as One of the Top 10 Impactful Labor & Employment Lawyers in Illinois for 2023 by Business Today. He is a Fellow of the College of Labor and Employment Lawyers. Chambers describes Steven as an “outstanding lawyer” who is “very sharp and very responsive,” a “strong advocate,” and an “expert in his field.” Chambers also reports that “He is someone who can navigate the twists and turns of litigation without difficulty. Steven is great with brief-writing, crafting arguments, and making sure the client is always happy.”

Steven was 1 of 12 individuals selected by Compliance Week as a “Top Mind.” Earlier in his career, he was 1 of 5 U.S. lawyers selected by Law360 as a “Rising Star Under 40” in the area of employment law and 1 of “40 Illinois Attorneys Under Forty to Watch” selected by Law Bulletin Publishing Company. Steven is a Burton Award Winner (U.S. Library of Congress) for “Distinguished Legal Writing.”

Steven was appointed to Law360’s Employment Editorial Advisory Board and selected as a Contributor to Forbes.com. He has appeared on Bloomberg News (television and radio) and Yahoo! Finance, and is often quoted in leading publications such as The Wall Street Journal.

The U.S. Chamber of Commerce has engaged Steven to serve as lead counsel on amicus briefs to the U.S. Supreme Court and federal circuit courts of appeal. He was appointed to serve as a Special Assistant Attorney General for the State of Illinois in employment litigation matters. He has presented with the Solicitor of the DOL, the Acting Chair of the EEOC, an EEOC Commissioner, Legal Counsel to the EEOC, and heads of the SEC, CFTC and OSHA whistleblower programs. He is also a member of the Sedona Conference, focusing on trade secret matters.

In 2024, Steven received the Excellence in Pro Bono Service Award from the United States District Court for the Northern District of Illinois and the Chicago Chapter of the Federal Bar Association.

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Photo of Allison Martin Allison Martin

Allison Martin is a senior counsel in the Labor & Employment Law Department. Allison represents employers in a wide range of employment litigation matters, including employment discrimination, harassment and retaliation lawsuits arising under federal, state and local statutes; wage-and-hour claims; defamation and tort…

Allison Martin is a senior counsel in the Labor & Employment Law Department. Allison represents employers in a wide range of employment litigation matters, including employment discrimination, harassment and retaliation lawsuits arising under federal, state and local statutes; wage-and-hour claims; defamation and tort claims; and breach of contract claims. An experienced litigator, she has secured significant victories for clients in federal and state courts at the trial and appellate levels, as well as in arbitration tribunals. In addition to single-plaintiff cases, Allison’s practice also includes defending against nationwide class and collective action lawsuits. She also has significant experience with EEOC proceedings, including representing clients in connection with EEOC Commissioner Charges and investigations concerning alleged claims of systemic discrimination.

Allison also counsels clients on a broad range of employment matters, including advising on investigations, employment agreements, employment policies and procedures, and employee terminations and discipline. She also has significant experience conducting high-profile internal investigations involving allegations of discrimination, harassment and other workplace misconduct.

Allison has an active pro bono practice focused on criminal justice, domestic violence and animal rights issues.

Earlier in her career, Allison served as a law clerk to Magistrate Judge Katharine Parker in the U.S. District Court for the Southern District of New York.

At Seton Hall University School of Law, Allison was an Articles Editor for the Seton Hall Law Review. Allison also interned for Chief Judge Garrett E. Brown (Ret.) of the U.S. District Court for the District of New Jersey while in law school.

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