April 23, 2019

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Whistleblower Complaints Down in 2018

According to data released by OSHA, the number of whistleblower complaints filed under SOX (Sarbanes-Oxley Act) and the Consumer Financial Protection Act (“CFPA”) declined in 2018.  OSHA received 45 complaints under the CFPA in 2018 (down 50% from the 90 complaints received in 2017) and 155 complaints under SOX (down from the 186 received in 2017).

Whistleblower complaint determinations were also down in 2018, from 3,432 cases resolved in 2017 (whether on the merits, or because the cases were dismissed, settled, or withdrawn) to 2,964 in 2018.

Although the total number of whistleblower complaints under all of the whistleblower protection statues OSHA enforces were also down year over year (from 3,303 in 2017 to 3,007 in 2018), the overall trend is that the number of whistleblower complaints has generally increased over the past ten years (from 2,219 in 2008 to 3,007 in 2018).

Although complaints were temporarily down in 2018, we expect the overall upward trend to continue in future years.

© 2019 Proskauer Rose LLP.

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About this Author

Lloyd B Chinn, Financial, Whistleblower Attorney, Proskauer Law Firm
Partner

Lloyd B. Chinn is a Partner in the Labor & Employment Law Department and co-head of the Whistleblowing & Retaliation Group. He litigates employment disputes of all types before federal and state courts, arbitration tribunals (e.g., FINRA, JAMS and AAA), and before administrative agencies in New York and across the country. Lloyd's practice ranges from litigating compensation disputes to defending whistleblower, discrimination and sexual harassment claims. Although he represents employers in a wide range of industries, including law, insurance, health care, consulting, media,...

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Pinny Goldberg Labor and Employment Lawyer Proskauer Rose Law Firm
Associate

Pinny Goldberg is an associate in the Labor & Employment Law Department. Pinny represents employers in a broad array of matters before federal and state courts, FINRA and other arbitration panels, and administrative agencies, including the EEOC and its state equivalents, and in pre-litigation negotiations. Matters he works on include discrimination and harassment, wage and hour, wrongful discharge, whistleblowing and retaliation, covenants not to compete, breaches of fiduciary duty, unjust enrichment, and tort and contract claims. 

In addition to handling litigation and dispute resolution, Pinny regularly advises clients on a wide variety of employment issues, including drafting, reviewing and revising handbooks and workplace policies. He also addresses questions and concerns related to hiring, wage and hour issues, employee leave, performance problems, terminations of employment, and separation agreements and releases.

Prior to joining Proskauer, Pinny was a Labor and Employment associate at Seyfarth Shaw LLP. While in law school, he served as an editor for the Cardozo Law Review.

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