1. Litigating Whistleblower Claims at the U.S. Department of Labor
SOX, OSHA, and Beyond:
Litigating Whistleblower Claims
at the U.S. Department of Labor
James Culp
Regional Solicitor
U.S. Department of Labor
Dallas, Texas
Stephen Fox
Polsinelli PC
Dallas, TX
Jeffrey Heller
Associate General Counsel
BP America, Inc.
Houston, TX
Joseph Ahmad
Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing
American Bar Association, Section of Labor and Employment Law
Dallas Bar Association, Business Litigation and Labor & Employment Law Sections
October 15, 2015

2. Topics Covered Welcome and Introductions
Overview of DOL Whistleblower Protection Programs and Priorities
DOL Process for Investigating and Adjudicating Whistleblower Claims
Insights and Tips for Practitioners in DOL’s Whistleblower Protection Programs
Questions & Answers

3. Overview of DOL’s Whistleblower Protection Programs and Priorities
History and Context
OSHA, Section 11(c)
Causation Standard and Burden-Shifting Framework
Modern Whistleblower Laws
Protection of Foreign Workers

4. Overview of DOL Process for Investigating and Adjudicating Whistleblower Claims
Intake and Pre-Filing Settlement Negotiations
Complaint and Response
Investigation
Preliminary Reinstatement Order and Kick-Out Provisions
Administrative Litigation
Administrative Review Board

5. Settlement Negotiations
Intake and Pre-Filing
Settlement Negotiations
Statutes of Limitations
Collateral Estoppel and Claim Splitting
Individual Liability under SOX
Settlement Negotiations
FLSA Retaliation

6. Filing and Responding to the Complaint
Form, Manner, and Timeliness of Complaint
Iqbal & Twombly Considerations
Impact of 2010 SOX Amendments regarding Mandatory Arbitration
Position Statement

7. Investigation (OSHA) Policy on Exchanging Submissions
Confidential Materials
Vannoy and “Self-Help Discovery”
Interviews
Pilot ADR Program
Approval of Settlement Agreements

8. Conclusion of Investigation (OSHA)
Obtaining OSHA Investigative Materials
Preliminary Reinstatement Orders
Kick-Out Provisions and De Novo Review
Opportunities for Confidential Settlement

9. Litigating Before OALJ
Discovery (Written and Oral)
Dispositive Motions and Hearings
Compensatory Damages (and Use of Experts)
Proposed Findings of Facts and Conclusions of Law
Final Order, Fee Petition, and Settlement Program

10. Administrative Review Board
Petition for Review and Waiver
Briefing Schedule
Joint Record
Appeal to Circuit Court of Appeals

11. QUESTIONS

12. Contact Information
Joseph Ahmad
Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing
1221 McKinney, Suite 3460
Houston, TX 77010
Houston, Texas
(713)
James Culp
Regional Solicitor
US Dept. of Labor
525 S. Griffin Street, Ste. 501 Dallas, Texas  75202
(972)
Stephen E. Fox
Polsinelli PC
2950 N. Harwood, Suite 2100
Dallas, Texas
(214)
@StephenEFox (twitter)
Jeffrey Heller
Associate General Counsel at BP America Inc.
501 Westlake Park Blvd.
Houston, TX
(281)