September 20, 2011 at 03:34 PM
OSHA's effort to enforce whistleblower provisions of the Sarbanes-Oxley Act (SOX) could test in the Ninth Circuit the agency's stance on back pay and reinstatement of complainants pending final court order, legal issues on which the Labor Department has already suffered losses in three other circuits, a legal source told Inside OSHA Online. At issue is OSHA's citation against Bank of America Corp. alleging violations of the whistleblower provisions of the Sarbanes-Oxley Act (SOX) for the bank's alleged improper firing of an employee. The citation orders the bank to reinstate and pay the employ