Whistleblowing

The Whistleblower Protection Act´s  material scope of application goes beyond European legal requirements. It extends the material scope of application to all violations that are subject to punishment (section 2 (1) No. 1 HinSchG). Additionally, violations subject to fines are included insofar as the violated regulation serves to protect life, body, health or the rights of employees or their representative bodies (section 2 (1) No. 2 HinSchG). The last alternative covers not only regulations that directly serve occupational health and safety or health protection, but also related notification and documentation requirements, for example under the Minimum Wage Act. Thus, as a result, section 2 (2) No. 2 HinSchG covers the majority of administrative offences in the context of employment.

Finally, the Whistleblower Protection Act also provides for a list of infringements that predominantly correspond to the relevant areas of law according to the recitals of the EU Whistleblower Directive.

Whistleblowing protections under federal law apply to complaints concerning a broad array of subjects, including, but not limited to:

• Fraud and Financial Issues
  • Anti-Money Laundering Act;
  • Consumer Financial Protection Act;
  • Criminal Antitrust Anti-Retaliation Act;
  • SOX;
  • Taxpayer First Act;
• Employee Safety
  • section 11(c) of the Occupational Safety and Health Act (OSH Act);
• Environmental Protection
  • Asbestos Hazard Emergency Response Act;
  • Clean Air Act;
  • Comprehensive Environmental Response, Compensation and Liability;
  • Energy Reorganization Act;
  • Federal Water Pollution Control Act;
  • Safe Drinking Water Act
  • Solid Waste Disposal Act;
  • Toxic Substances Control Act;
• Consumer Product, Motor Vehicle, and Food Safety
  • Consumer Product Safety Improvement Act;
  • FDA Food Safety Modernization Act;
  • Moving Ahead for Progress in the 21st Century Act;
• Transportation Services
  • Federal Railroad Safety Act;
  • International Safe Container Act;
  • National Transit Systems Security Act;
  • Pipeline Safety Improvement Act;
  • Seaman’s Protection Act;
  • Surface Transportation Assistance Act;
  • Wendell H Ford Aviation Investment and Reform Act for the 21st Century
• Health Insurance
  • Affordable Care Act