DOL Issues Interim Final Rule on Whistleblower Protections Employees Reporting Criminal Antitrust Violations
The Occupational Safety and Health Administration (OSHA) of the U.S. Department of Labor has issued an interim final rule that establishes procedures and timeframes for handling complaints about retaliation against employees by employers under the Criminal Antitrust Anti-Retaliation Act of 2019 (CAARA).
CAARA was enacted on December 23, 2020, and established protections for individuals who report criminal antitrust violations to their employers or the federal government. Under CAARA, employers are prohibited from retaliating against employees, contractors, subcontractors, or agents of an employer for engaging in a protected activity.
Protected activities under CAARA are reporting information to the federal government or an employer or supervisor who has the authority to investigate or terminate misconduct or initiating, testifying in, participating in, or otherwise assisting the federal government in its investigations and proceedings covered by CAARA.
CAARA applies to criminal violations of antitrust laws and violations of other criminal laws committed in conjunction with a potential violation of criminal antitrust laws, or in conjunction with Department of Justice investigations of potential violations of those laws. Criminal antitrust violations include price fixing, bid rigging, and market allocation schemes between competitors.
Get The FREE
OSHA & HIPAA Checklist
Immediate Delivery of Checklist Link To Your Email Address
Please Enter Correct Email Address
Your Privacy Respected
HIPAA Journal Privacy Policy
Retaliation is defined as adverse actions against individuals for engaging in activity protected by CAARA and includes, but is not limited to, firing, laying off, disciplining, denying benefits, denying overtime or promotion, harassment, making threats, reducing pay/hours, constructive discharge, reporting the individual to the police or immigration authorities, and other actions, such as isolating, ostracizing, mocking, or falsely accusing an individual of poor performance. In the event of retaliation, the individual must file a complaint with OSHA within 180 days of learning of the adverse action.
The interim final rule – Procedures for the Handling of Retaliation Complaints Under the Criminal Antitrust Anti-Retaliation Act (CAARA) – took effect on February 10, 2023. The comment period on the interim final rule will remain open until April 23, 2023.
