The Federal Railroad Safety Act (FRSA) is a key piece of federal legislation for railroads and their employees. Among other provisions, Section 20109 of the FRSA provides protections to railroad employees who engage in "protected activity," and it provides employees with a cause of action against railroad companies that take adverse employment action on a prohibited basis.
Section 20109 of the FRSA – and similar provisions of other federal employment statutes – have come into sharp focus during the COVID-19 pandemic. According to the U.S. Occupational Safety and Health Administration (OSHA), the agency's Whistleblower Protection Program (WPP) received a record number of complaints during fiscal year 2020 (which ended on September 30, 2020). As of April 25, 2021, the WPP had received more than 5,000 whistleblower complaints under the FRSA and similar statutes related to COVID-19.
Notably, while whistleblower complaints related to COVID-19 are up overall, they are down in the railroad industry. Claims filed under the FRSA have declined each year since 2018, and they declined drastically in FY 2020. With just 154 claims filed, 2020 saw a 39-percent decrease in claims compared to 2019.
While whistleblower claims in the railroad industry may be down overall, the COVID-19 pandemic still presents risks for railroad companies in relation to Section 20109 of the FRSA. With this in mind, railroad companies should be taking proactive steps...
BUFFALO, N.Y. (WIVB) — The Buffalo Club, a private city club that has operated for more than 150 years, has agreed to pay $1.5 million to resolve claims that it falsely represented its eligibility...