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 and Co-Head of the Whistleblowing & Retaliation Group and the Restrictive Covenants, Trade Secrets & Unfair Competition Group.

Steven’s practice covers the full spectrum of employment law, with a particular…

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

Steven’s practice covers the full spectrum of employment law, with a particular focus on defending companies against claims of employment discrimination, retaliation and harassment; whistleblower retaliation; restrictive covenant violations; theft of trade secrets; and wage-and-hour violations. He has successfully tried cases in multiple jurisdictions, and defended one of the largest Illinois-only class actions in the history of the U.S. District Court for the Northern District of Illinois. He also secured one of only a few ex parte seizures orders that have been issued under the Defend Trade Secrets Act, and obtained a world-wide injunction in federal litigation against a high-level executive who jumped ship to a competitor.

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.

Steven was recognized as 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 describes Steven as an “outstanding lawyer” who is “very sharp and very responsive,” a “strong advocate,” and an “expert in his field.” 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 has served on Law360’s Employment Editorial Advisory Board and is a Contributor to Forbes.com. He has appeared on Bloomberg News (television and radio) and Yahoo! Finance, and is regularly 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.

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