Difference between revisions of "Whistleblower Protection Laws"

Line 775: Line 775:
To ensure that workers can blow the whistle on consumer product safety issues, Congress included in the CPSIA a [https://uscode.house.gov/view.xhtml?req=(title:15%20section:2087%20edition:prelim)%20OR%20(granuleid:USC-prelim-title15-section2087)&f=treesort&edition=prelim&num=0&jumpTo=true whistleblower protection provision] that prohibits manufacturers, private labelers, distributors, and retailers from retaliating against an employee because the employee provided information to an employer, a regulatory agency, or a state attorney general about a reasonably perceived violation of any law enforced by the CPSC.  The regulations implementing the '''CPSC whistleblower protection law''' are available by clicking [https://www.federalregister.gov/documents/2012/07/10/2012-16411/procedures-for-the-handling-of-retaliation-complaints-under-section-219-of-the-consumer-product here].
To ensure that workers can blow the whistle on consumer product safety issues, Congress included in the CPSIA a [https://uscode.house.gov/view.xhtml?req=(title:15%20section:2087%20edition:prelim)%20OR%20(granuleid:USC-prelim-title15-section2087)&f=treesort&edition=prelim&num=0&jumpTo=true whistleblower protection provision] that prohibits manufacturers, private labelers, distributors, and retailers from retaliating against an employee because the employee provided information to an employer, a regulatory agency, or a state attorney general about a reasonably perceived violation of any law enforced by the CPSC.  The regulations implementing the '''CPSC whistleblower protection law''' are available by clicking [https://www.federalregister.gov/documents/2012/07/10/2012-16411/procedures-for-the-handling-of-retaliation-complaints-under-section-219-of-the-consumer-product here].


The CPSIA whistleblower law applies to manufacturers, private labelers, distributors, and retailers.  A consumer product is
The CPSIA whistleblower law applies to manufacturers, private labelers, distributors, and retailers.  A consumer product is any article, or component part thereof, produced or distributed:
*any article, or component part thereof, produced or distributed (i) for sale to a consumer for use in or around a permanent or temporary household or residence, a school, in recreation, or otherwise, or (ii) for the personal use, consumption or enjoyment of a consumer in or around a permanent or temporary household or residence, a school, in recreation, or otherwise ….
*(i) for sale to a consumer for use in or around a permanent or temporary household or residence, a school, in recreation, or otherwise, or
*(ii) for the personal use, consumption or enjoyment of a consumer in or around a permanent or temporary household or residence, a school, in recreation, or otherwise ….


15 U.S.C. § 2052(a)(5).  A product that is not “customarily produced or distributed for sale to, or use or consumption by, or enjoyment of, a consumer” will likely not be deemed a consumer product.  15 U.S.C. § 2052(a)(5)(A).
15 U.S.C. § 2052(a)(5).  A product that is not “customarily produced or distributed for sale to, or use or consumption by, or enjoyment of, a consumer” will likely not be deemed a consumer product.  15 U.S.C. § 2052(a)(5)(A).
Line 801: Line 802:


=='''Remedies or Damages Available to Consumer Product Safety Whistleblowers'''==
=='''Remedies or Damages Available to Consumer Product Safety Whistleblowers'''==
“Make whole” relief includes (1) reinstatement, (2) back pay, (3) uncapped compensatory damages, and (4) attorney fees and litigation costs, including expert witness fees.
“Make whole” relief includes:
*reinstatement,
*back pay,
*uncapped compensatory damages,
*attorney fees and litigation costs, including expert witness fees.


=='''How to File a CPSIA Whistleblower Retaliation Action'''==
=='''How to File a CPSIA Whistleblower Retaliation Action'''==