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Showing posts with the label 2025-06-13 Digest

Congress Considers AI Whistleblower Law: What Employers Need to Know Now

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  A bipartisan bill pending before Congress would make it illegal to retaliate against employees who speak up about AI-related risks. Senators from both sides of the aisle introduced the AI Whistleblower Protection Act (S. 1792) last month, hoping to shield tech workers and others who expose AI security flaws, legal violations, or dangerous practices. House AI leaders quickly introduced a companion bill, intent on closing the growing gap in whistleblower protections related to artificial intelligence. More than 20 public interest organizations just called on Congress to pass the bill in a June 10 letter, citing retaliation, NDAs, and a chilling effect that could silence insiders. What do you need to know about this latest piece of potential AI that would impact the workplace? 💥 The prime sponsor of the House version of the bill, Rep. Jay Obernolte (R-CA), has just agreed to speak at FP’s AI Conference next month.  Register now  to hear first-hand about AI regulation an...

Successor Entity Liability for Violations of the Occupational Safety and Health Act

Anyone engaged in the buying and selling of businesses should be aware that acquiring a company that has been cited for health and safety violations could result in the assessment of increased penalties against the successor entity because of the prior owner’s violations.  The Occupational Safety and Health Act of 1970 allows for the assessment of increased penalties against employers who repeatedly violate the standards promulgated under the Act . An employer may be cited for a so-called “repeat violation” if, at the time the subsequent violation occurs, the employer was previously cited for “the same or substantially similar condition or hazard” and the prior citation has become a final order of the Occupational Safety and Health Review Commission. Importantly, a violation can be categorized as “repeat” even if the first citation was issued to the predecessor company and not the successor entity. Repeat violations carry a fine of up to $165,514 per violation— about ten times that...

Summer 2025 False Claims Act Newsletter

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Welcome to the Summer 2025 issue of “FCA Enforcement & Compliance Digest,” our quarterly newsletter in which we compile essential updates on False Claims Act (FCA) enforcement trends, litigation, agency guidance, and compliance tips. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.   In this Summer 2025 edition, we cover: Enforcement Trends: DOJ Revisions to White-Collar Crime Enforcement Priorities and Policies Enforcement Trends: Trump Administration Reinforces Illegal DEI Executive Orders With Civil Rights Fraud Initiative Litigation Developments: Insurers Under Scrutiny- Kickbacks, Discrimination, and Medicare Advantage Plans Compliance Corner: Speaker Programs for Health Care Providers- Enforcement Trends and Compliance Lessons ICYMI:  DOJ Plans to Use the FCA to Attack DEI Initiatives 1. Enforcement Trends DOJ Revisions to White-Collar Crime Enforcem...

Nominee for OSHA Chief David Keeling Testifies Before Senate Committee, Outlines Workplace Safety Priorities and Workplace Violence Plans

Seyfarth Synopsis : On Thursday, June 5, 2025, OSHA Nominee David Keeling testified that he plans to adopt a more cooperative, proactive approach and pursue a new workplace violence regulation. As we  previously blogged , on February 11, 2025, President Trump nominated David Keeling as Assistant Secretary of Labor for OSHA, pending Senate confirmation. In the first Trump Administration, the OSHA nominee was never put to a Senate confirmation vote and the position was left vacant.  Mr. Keeling has extensive experience in occupational safety from his tenure at two major logistics companies.  If confirmed in the position, we expected Mr. Keeling to adopt pro-employer positions and modernize workplace safety standards and regulations . The Senate has begun to assess Mr. Keeling’s nomination.  On June 5, 2025, Mr. Keeling testified before the Senate Health, Education, Labor and Pensions Committee, outlining his vision for workplace safety. 1. Modernization of Injury...

FP Pop Quiz: How Much Do You Know About Pride Month and LGBTQ+ Rights in the Workplace?

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Pride Month provides an opportunity for you to recognize the resilience of the LGBTQ+ community at your workplace amid an evolving and often challenging legal and political landscape . Now more than ever, this year’s Pride celebration comes at a critical time for you to support members of the LGBTQ+ community at your place of business while keeping up with the evolving challenges they face. We invite you to take this quiz and learn more about Pride history and LGBTQ+ rights in the workplace. 1. In what year did the first pride march take place? a. 1965 b. 1970 c. 1973 d. 1992 2. In what year did the Supreme Court strike down state bans on same-sex marriages as unconstitutional? a. 1995 b. 2004 c. 2013 d. 2015 3. Roughly 14 million adults in the US identified as LGBTQ+ in 2024, and that number is growing rapidly as members of Gen Z are _____ more likely than their Gen X counterparts to identify as LGBTQ+. a. 2x b. 3x c. 4x d. 6x 4. Federal law requires states to recognize same-sex marri...