Federal Rail Safety Act

Here are two recent federal court decisions affirming the amount of punitive damages awarded by the Administrative Review Board and by a district court jury.
In Jason Raye v. Pan Am Railways, the Administrative Law Judge awarded the statutory maximum of $250,000 in punitive damages despite the fact Jason Raye was not actually disciplined and

The 8th Circuit has issued a spate of FRSA decisions falling outside the main stream of other Circuits. It is important to put them in perspective.
Araujo v. Kuduk: a distinction without a difference
Citing the Congressional Record and the leading whistleblower decision in Marano v. Dep’t of Justice, 2 F.3d 1137, 1140 (Fed.

In a major decision with national implications, the Administrative Review Board confirms that Federal Rail Safety Act subsection (c)(2) does indeed protect treatments for non-work related medical conditions. Williams v. Grand Trunk Western Railroad. In so doing, the ARB explicitly rejects the 3rd Circuit’s holding in Bala v. PATH, which imposed a work

Recognizing it’s hard to blow the whistle once you’ve been gagged, OSHA has issued new guidelines prohibiting the use of gag and confidentiality clauses in settlement agreements. See Policy Guidelines for Approving Settlement Agreements in Whistleblower Cases.
OSHA reviews settlement agreements between whistleblowers and their employers “to ensure they are fair, adequate, reasonable, and in