oshaAccording to figures recently released by OSHA, there has been a general increase in the number of whistleblower cases filed in fiscal year 2015 (FY 2015), in comparison to the number of cases filed in FY 2014.  Here are some of the key findings from OSHA’s FY 2015 figures:

 

 

  • In FY 2015, there were 3,288 whistleblower complaints filed, which represents a 6% increase from 3,098 complaints filed in FY 2014.
  • In FY 2015, OSHA completed 3,273 cases (including but not limited to whistleblower cases), which represents a 4% increase from 3,150 cases completed by OSHA in FY 2014.
  • As in FY 2014, approximately 50% of complaint determinations were dismissals in FY 2015.
  • In FY 2015, the number of claims filed under the Sarbanes-Oxley Act (SOX), 156, made up 5% of the total number of cases received.  This represents a 7% increase from 146 cases filed under SOX in FY 2014.
  • For the first time since the enactment of Dodd-Frank, the number of cases filed under the CFPA has decreased.  Since FY 2011, CFPA-related whistleblower complaints continued to rise, reaching the highest number in FY 2014, with 48 cases.  However, in FY 2015, there were 45 cases filed under the CFPA, which represents a 6% decrease from FY 2014.

In light of the rising numbers of whistleblower cases being filed, OSHA is requesting a 23% increase in whistleblower funding for fiscal year 2016.  The proposed funding increase would add 22 positions to the whistleblower staff and increase spending to $22.6 million.  As of now, the Senate has approved $15.8 million, while the House has approved $20 million.

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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, Restrictive Covenant & Trade Secret, and Whistleblower…

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, Restrictive Covenant & Trade Secret, and Whistleblower Practice. Steven’s national practice focuses on defending companies in federal and state courts and in arbitration fora against the full spectrum of employment-related claims, including claims of executives; restrictive covenant violations; employee raiding; theft of trade secrets; whistleblower retaliation under the Sarbanes-Oxley Act, the Dodd-Frank Act and similar state laws; and wage-and-hour violations, including class, collective and PAGA actions.

Steven has successfully handled trials in multiple jurisdictions; prevailed in seeking and defending against applications for temporary restraining orders and preliminary injunctions; defended one of the largest Illinois-only class actions in the history of the federal courts in Illinois (over 90k putative class members); and prevailed following his oral arguments before federal and state appellate courts. He brings his litigation experience (beginning in 1998) 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 the unusual experience of testifying in federal court in connection with investigations. 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 is a Fellow of the College of Labor and Employment Lawyers. Chambers has reported:

  • Steven is “one of the best in the country and has a lot of experience”;
  • Steven is as an “outstanding lawyer” who is “very sharp and very responsive,” a “strong advocate,” and an “expert in his field”;
  • He is thoughtful, attentive and demonstrates an acute understanding of matters top of mind for business-minded general counsel; and
  • “He is someone who can navigate the twists and turns of litigation without difficulty.”

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 U.S. Library of Congress Burton Award Winner 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.

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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