- Missouri Employment Law Info Site – TimsLaw.com - http://www.timslaw.com -
Whistleblower protections are part of new Consumer Product Safety law
I will write more about this bill later, H.R. 4040 (passed by both the House and Senate).
The law works kind of similar to the EEOC laws (discrimination laws), but the right to sue is not automatically granted.
The Bill provides an explicit right to file a whistleblower complaint with the US Department of Labor within 180 days of suffering retaliation for properly reporting (as specified in the law) a consumer product safety violation.
If the Department of Labor does not finish its processing within 210 days, then you can file a lawsuit.
Damages are — reinstatement, backpay, compensatory damages, attorney fees, but not punitive damages.
AND a little trap: The law permits the Department of Labor to award $1,000 in attorney fees to the Employer, if the Department finds that the complaint was frivolous.
Here’s the Thomas page for the Bill, H.R. 4040. If the link breaks, go to “thomas.loc.gov” and do a search for H.R. 4040. And, You can also go to Govtrack for H.R. 4040 information.
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Phil is a Missouri employment lawyer who is licensed to practice in Kansas and Missouri, and primarily takes cases in Saint Louis and Kansas City. He is a member of the Missouri Bar Association and Kansas Bar Association. Additionally, he has practiced in the United States Federal Courts of Missouri in St. Louis and Kansas City. He has also practiced in the Kansas Federal District Court in Kansas City, Kansas.
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