This chart of federal laws complements the Tate & Renner chart of state health and safety whistleblower rights. This chart is meant to call attention to the types of claims that employees should investigate. It is also meant to urge them to consult a lawyer to assess each claim before the time limits expire. "SOL" means "statute of limitations." It is the time limit to file a legal action. This chart is not updated on any regular basis, and it is not meant to establish an attorney-client relationship. Only by retaining an attorney can employees get answers they can legally rely on.
So, do not rely upon this table for legal advice. This summary table is provided for information only and to assist attorneys in legal research. It is not warranted to be accurate in any respect. This table cannot replace the need for independent research or legal advice regarding where, when, and how your claim can be brought. Further, the statutes of limitations herein may not apply to your case or situation, may no longer be applicable, and, like any employment-related law, are always subject to change at any time, by act of Congress, agency practice, the courts, or changing facts in the case itself. Thank you to Ann Lugbill for initiating the collection of the information on this page.
News Flash: New MAP-21 and NDAA laws, and ACA rules
In 2012, Congress created a new whistleblower protection in the Moving Ahead for Progress in the 21st Century Act (MAP-21), P.L. 112-14 (Enacted July 6, 2012), codified at 49 U.S.C. 30171. MAP-21 protects the employees of motor vehicle manufacturers, part suppliers, or dealerships when they raise concerns about defects or other noncompliance with the safety, reporting and notification requirements. This Act fills an important hole left by the Consumer Product Safety Improvement Act of 2008, 15 U.S.C. § 2087; 29 C.F.R. Part 1983. Since auto safety is regulated by the National Highway Traffic Safety Administration (NHTSA), and not the Consumer Product Safety Commission, the CPSIA protection offered nothing to auto safety whistleblowers.2 Now MAP-21 provides that protection. Under MAP-21, the time limit to file an initial retaliation claim is 180 days. Once an employee shows the protected activity was a contributing factor in the adverse action, the employer can prevail only with clear and convincing evidence that it would have taken the same action without the protected activity. Once a case has been pending at the Department of Labor for 210 days without a final order, and the complainant has not caused that delay through bad faith, the complainant may file a civil action in U.S. District Court, and may demand a jury trial. MAP-21 does not provide for any punitive damages, and does not provide any protection from forced arbitration agreements. If a complainant files a frivolous claim, the Department of Labor may order reverse attorney's fees of up to $1,000.
On the first business day of 2013, President Obama signed the National Defense Authorization Act of 2013 (NDAA FY13), Public Law No. 112-239. Section 827 makes some improvements to the protection for employees of military contractors, 10 U.S.C. Section 2409, and expands this provision to include NASA contractors. It sets a two-year statute of limitations. Section 828 creates a new whistleblower protection for employees of federal contractors (except those in the intelligence community). Effective July 1, 2013, whistleblowers can file complaints with the Inspector General of the agency involved within three (3) years of the adverse action.
On February 27, 2013, OSHA issued interim final rules for handling whistleblower complaints under Section 1558 of the Affordable Care Act (ACA). See 29 C.F.R. Part 1984; 78 FR 13222. This section amended the Fair Labor Standards Act (FLSA) to add section 18C, 29 U.S.C. 218C. The law now protects employees from retaliation by an employer for qualifying for an Obamacare subsidy (and thus exposing the employer to a tax penalty). OSHA's Whistleblower Protection Program (DWPP) explains that certain large employers who fail to offer affordable plans that meet the minimum value may be assessed a tax penalty if any of their full-time employees receive a premium tax credit through the Exchange. Thus, the relationship between the employee’s receipt of a credit and the potential tax penalty imposed on an employer could create an incentive for an employer to retaliate against an employee. Section 18C protects employees against such retaliation. It also protects employees who raise concerns about compliance with the insurance provisions of the ACA. The time limit to file complaints with OSHA is 180 days.
|
Whistleblower or Retaliation Statute |
Legal Citation |
Statute of Limitations (SOL) |
Where to File |
|
First Amendment |
U.S. Const., 1st Am. |
State PI limit |
state or fed ct. |
|
Civil Rights Act of 1871 |
42 U.S.C. §§ 1981, 1983, 1985 |
State PI limit |
state or fed ct. |
|
Affordable Care Act (ACA) |
29 U.S.C. § 218C; Section 1558 of P.L. 111-148; 29 C.F.R. Part 1984 |
180 days |
DOL/OSHA |
|
Age Discrimination in Employment Act (ADEA) |
29 U.S.C. § 623(d) |
180-300 days |
EEOC/state employment discrimination agency; private cause of action in federal court |
|
Americans with Disabilities Act (ADA) |
42 U.S.C. §12203(a) 29 C.F.R. Part 1640 |
180-300 days |
EEOC/state employment discrimination agency; private cause of action in federal court |
|
American Recovery and Reinvestment Act (ARRA) |
Pub. L. 111-5, Section 1553 |
None in statute |
Inspector General of the funding agency |
|
Asbestos Hazard Emergency Response Act of 1986 |
15 U.S.C. § 2651 |
90 days |
DOL/OSHA |
|
Asbestos School Hazard Detection & Control Act |
20 U.S.C. § 3608 |
None in statute |
None stated. |
|
Atomic Energy and Energy Reorganization Acts |
42 U.S.C. § 5851 |
180 days |
DOL/OSHA |
|
Bankruptcy |
11 U.S.C. § 525(b) |
||
|
Civil Rights Act of 1964 (Title VII) |
42 U.S.C. § 2003a |
180-300 days; 45 days for federal employees |
EEOC/state employment discrimination agency; private cause of action in federal court |
|
Civil Rights of Institutionalized Persons Act |
42 U.S.C. § 1997d |
None in statute |
No private cause of action for employees recognized |
|
Civil Service Reform Act |
5 U.S.C. § 2302; 5 C.F.R. Part 1201 |
30 days |
MSPB; except for “mixed cases” under Title VII |
|
Civil Service Reform Act (FBI employees) |
5 U.S.C. § 2303 |
None. |
DOJ Inspector General; OARM |
|
Civilian Employees of the Armed Forces |
10 U.S.C. § 1587 |
Secretary of Defense/OPM, MSPB |
|
|
Civil War Reconstruction Era Federal Civil Rights Statutes |
42 U.S.C. §§ 1981, 1983, 1985, 1985(2)(witness protection) |
28 U.S.C. § 1658(a) applies 4-year statute of limitation to laws enacted after December 1, 1990; otherwise most analogous state law applies |
Federal district court |
|
Clayton Act (antitrust) |
15 U.S.C. § 15(a) |
4 years-see 15 U.S.C. § 15(b) |
Federal District Court, generally no standing recognized for employees |
|
Clean Air Act |
42 U.S.C. § 7622; 29 C.F.R. Part 24 |
30 days |
DOL/OSHA |
|
Clean Water Act |
33 U.S.C. §1311, 1367(a), (b) , 29 C.F.R. Part 24 |
30 days |
DOL/OSHA |
|
Coast Guard whistleblower protection [Commercial Fishing Industry Vessel Act] and Seaman's Protection Act |
46 U.S. C. § 2114 (as amended 2010) |
180 days |
DOL/OSHA |
|
Commercial Motor Vehicles Program (see STAA) |
49 U.S.C. § 31105, 29 C.F.R. Part 1978 |
180 days |
DOL/OSHA |
|
Comprehensive Environmental Response, Compensation and Liability Act ("Super Fund") |
42 U.S.C. § 9610 29 C.F.R. Part 24 |
30 days |
DOL/OSHA |
|
Congressional Accountability Act |
2 U.S.C. § 1301, 1402 |
180 days |
Office of Compliance of Congress |
|
Consumer Credit Protection Act (garnishments) |
15 U.S.C. § 1674 |
||
|
Consumer Product Safety Improvement Act (CPSIA) |
15 U.S.C. § 2087; 29 C.F.R. Part 1983 |
180 days |
DOL/OSHA, bypass option to federal court after 210 days |
|
Contractor Employees of the Armed Forces |
10 U.S.C. § 2409 |
2 years (eff. 2013-07-01) |
Inspector General of contracting agency; bypass option to federal court after 210 days |
|
Credit Union Employee Protection |
12 U.S.C. §1790b |
2 years |
federal court |
|
Department of Energy Defense Activities Whistleblower Protection |
42 U.S.C. § 7239 |
30 days to report violation; 90 days to report retaliation |
Office of Hearings and Appeals |
|
Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Commodity Exchange Act reward) |
7 U.S.C. § 26; 17 C.F.R. 165 |
Before anyone else files |
Commodity Future Trading Commission |
|
Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (employee protection) |
12 U.S.C. § 5567 (no regulations now, but compare with SOX regs at 29 C.F.R. Part 1980) |
180 days |
DOL/OSHA |
|
Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (obstruction of justice) |
15 U.S.C. § 78u-6(h)(1)(A) and 15 U.S.C. § 1513(e) |
3 years from learning of violation and 6 years from the violation |
federal court |
|
Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Securities Exchange Act reward) |
15 U.S.C. § 78u-6; 17 C.F.R. Parts 240, 249 |
Before anyone else files |
Securities Exchange Commission |
|
Education Amendments of 1972 (Title IX) |
20 U.S.C. § 1681, and sequence, implied claim under Jackson v. Birmingham Bd. Of Ed., 544 U.S. 167 (2005) |
None, consider state statute of limitations |
|
|
Employee Polygraph Protection Act |
29 U.S.C. § 2002 29 C.F.R. § 801 et seq., esp. 801-40 |
3 years |
DOL/Federal District Court/State Court |
|
Employee Retirement Income Security Act (ERISA) |
29 U.S.C. §1132(a), 1140 |
3 years |
Federal District Court |
|
Energy Reorganization Act |
42 U.S.C. § 5851 29 C.F.R. Part 24 |
180 days |
DOL/OSHA, bypass option to federal court after one year |
|
Equal Pay Act |
29 U.S.C. § 206(d) |
2 years; 3 years if "willful" violation |
DOL or Federal district court |
|
Fair Labor Standards Act (wage & hour, child labor, minimum wage, overtime) |
29 U.S.C. § 215(a)(3) 29 C.F.R. Part 783 |
2 years; 3 years if "willful" violation |
DOL, Federal District Court, or state court |
|
False Claims Act (FCA) (qui tam provision) |
31 U.S.C. § 3730(b) |
6 years; and before anyone else files |
Federal District Court, under seal |
|
False Claims Act (retaliation provision) |
31 U.S.C. § 3730(h) |
3 years |
Federal District Court |
|
Family and Medical Leave Act "[FMLA"] |
29 U.S.C. § 2615 |
2 years (3 years if "willful" violation) |
DOL, Federal District Court, or state court |
|
Federal Acquisition Regulations (FAR) |
48 C.F.R. Subpart 3.900 |
|
Consider False Claims Act and Inspector General of the funding agency |
|
Federal Bureau of Investigation (FBI) employees |
5 U.S.C. § 2303; 28 C.F.R. Part 27 |
None. |
DOJ Inspector General; then OARM |
|
Federal Credit Union Act (FCUA) |
12 U.S.C. § 1790(b) |
2 years |
Federal District Court |
|
Federal Deposit Insurance Corporation |
12 U.S.C. § 1831j |
2 years |
Federal District Court |
|
Federal Deposit Insurance Corporation |
12 U.S.C. § 1831k |
none for reward |
federal banking agency |
|
Federal Employers Liability Act (FELA) |
45 U.S.C. § 60 |
||
|
Federal Home Loan Banks, Resolution Trust Corporation |
12 U.S.C. § 1441a |
||
|
Federal Mine Health and Safety Act |
30 U.S.C. 815(c) |
60 days |
|
|
Federal Railroad Safety Act (FRSA) |
49 U.S.C. § 20109; 29 C.F.R. Part 1982 |
180 days |
DOL/OSHA, bypass option to federal court after 210 days |
|
Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), covering banks with insurance from the Federal Deposit Insurance Corporation (FDIC) |
12 U.S.C. § 1831j |
2 years |
federal court |
|
Food Safety Modernization Act (FSMA), Section 402 |
21 U.S.C. 399d |
180 days |
DOL/OSHA |
|
Foreign Corrupt Practices Act (FCPA), as enforced through Dodd-Frank |
15 U.S.C. § 78u-6; 17 C.F.R. Parts 240, 249; 15 U.S.C. § 78u-6(h)(1)(A) |
3 years from learning of violation and 6 years from the violation |
SEC for reward or federal court for retaliation |
|
Foreign Service Act of 1980 |
22 U.S.C. § 3905 |
||
|
IRS whistleblower rewards |
26 U.S.C. § 7623; IRS Manual, Part 25 |
In time for IRS to collect; and before anyone else files |
IRS Whistleblower Office, using Form 211 |
|
Inspector General of the Intelligence Community |
50 U.S.C. § 403-3h |
90 days |
Employing agency |
|
International Safe Container Act of 1977 |
46 U.S.C. § 1506 |
60 days |
DOL/OSHA |
|
Jones Act (Maritime employees) [See also Seaman's Protection Act] |
46 U.S.C. § 688 |
Federal District Court, common law maritime tort implied. |
|
|
Jury Duty Act (for service on federal juries) |
28 U.S.C. § 1875 |
Federal District Court |
|
|
Labor Management Relations Act |
29 U.S.C. § 301 |
Varies with state law, sometimes 180 days |
Federal District Court |
|
Lloyd-LaFollette Act |
5 U.S.C. § 7211 |
None in statute |
|
|
Longshoreman's and Harbor Worker's Compensation Act |
33 U.S.C. § 948(a); 20 C.F.R. 702.271(b) |
None |
DOL, ESA District Director |
|
Major Fraud Act of 1989 |
18 U.S.C. § 1031(h) |
None in statute, consider state limitations |
Federal District Court civil |
|
Migrant and Seasonal Agricultural Workers Protection Act |
29 U.S.C. §§1854, 1855 |
180 days |
DOL |
|
Military Whistleblower Protection Act |
10 U.S.C. § 1034 |
None in statute |
Office of Inspector General, administrative remedy only, no private cause of action |
|
Monetary Transactions |
31 U.S.C. § 5328 |
2 years |
Federal District Court |
|
Moving Ahead for Progress in the 21st Century Act (MAP-21) |
49 U.S.C. § 30171 |
180 days |
DOL / OSHA |
|
National Credit Union Act (NCUA) |
12 U.S.C. § 1790b |
2 years |
Federal District Court |
|
National Defense Authorization Act of 2013 (NDAA FY13), for employees of federal contractors |
Public Law No. 112-239, Section 828 |
3 years |
Inspector General of the agency involved |
|
National Labor Relations Act |
29 U.S.C. §158(a)(4) |
6 months |
NLRB |
|
National Transit Systems Security Act of 2007 (NTSSA) |
6 U.S.C. § 1142; 29 C.F.R. Part 1982 |
180 days |
DOL / OSHA |
|
Occupational Safety and Health Act |
29 U.S.C. § 660(c), 29 C.F.R. Part 1977 ("Part 11(c)") |
30 days |
DOL/OSHA-no private cause of action |
|
Patient Protection and Affordable Care Act |
29 U.S.C. § 218C |
180 days |
DOL/OSHA |
|
Pipeline Safety Improvement Act |
49 U.S.C. § 60129; 29 C.F.R. Part 1981 |
180 days |
DOL/OSHA |
|
Privacy Act |
5 U.S.C. § 552a |
2 years |
Federal District Court |
|
Public Health Service Act |
42 U.S.C. §1201 et seq. (1988), 42 CFR Part 50, Subpart A, 42 C.F.R. §§ 50.103, 104 |
Administrative, within funded private entity |
|
|
Racketeer Influenced & Corrupt Organizations Act ("RICO") |
38 U.S.C. § 1961- 68; 18 U.S.C. §1513(e) |
4 years (applies Clayton Act statute of limitations); 3 years from discovery (under Dodd-Frank) |
Federal District Court |
|
Rehabilitation Act |
29 U.S.C. § 794,29 C.F.R. §§ 1614, 1641, Chapter 60 |
Administrative, DOL/OFCCP; EEOC |
|
|
Safe Containers for International Cargo Act |
46 U.S.C. §1506 |
60 days |
DOL/OSHA |
|
Safe Drinking Water Act |
42 U.S.C. §300j-9 |
30 days |
DOL/OSHA |
|
Sarbanes Oxley Act |
18 U.S.C. § 1514A; 29 C.F.R. Part 1980 |
180 days |
DOL/OSHA, bypass option to federal court after 180 days |
|
Seaman's Protection Act (SPA) as amended by Section 611 of the Coast Guard Authorization Act of 2010, P.L. 111-281 |
46 U.S. C. § 2114 |
180 days |
DOL/OSHA |
|
Solid Waste Disposal Act (including RCRA) |
42 U.S.C. § 6971, |
30 days |
DOL/OSHA |
|
Surface Mining Control and Reclamation Act |
30 U.S.C. §1293; 30 C.F.R. Part 865 |
30 days |
Department of the Interior, Office of Surface Mining Reclamation and Enforcement |
|
Surface Transportation Assistance Act (STAA) |
49 U.S.C. § 31105, 29 C.F.R. Part 1978 |
180 days |
DOL/OSHA |
|
Toxic Substances Control Act |
15 U.S.C. §2622 29 C.F.R. Part 24 |
30 days |
DOL/OSHA |
|
Uniformed Services Employment and Reemployment Rights Act of 1994 |
38 U.S.C. § 4301, et seq., 38 U.S.C. §4311(b) |
None; 38 U.S.C. § 4323(i) |
Administrative (Secretary of Defense, OPM) or private suit in Federal District Court |
|
[Federal] Water Pollution Control Act ("Clean Water Act") |
33 U.S.C. §1311, 1367(a), (b) , 29 C.F.R. Part 24 |
30 days |
DOL/OSHA |
|
Welfare and Pensions Disclosure Act |
29 U.S.C. §1140 |
3 year |
|
|
Wendell H. Ford Aviation Investment and Reform Act for the 21st Century ("AIR 21") |
42 U.S.C. § 42121; 29 C.F.R. Part 1979 |
90 days |
DOL/OSHA, bypass option to federal court after 210 days |
|
Whistleblower Protection Act (federal government employees) |
5 U.S.C. § 2302(b)(8) & (b)(9) |
None. |
Office of Special Counsel |
|
Workforce Investment Act, ("Welfare to Work"), formerly Job Training and Partnership Act (JTPA) |
29 U.S.C. §1574(g) or 29 U.S.C. § 2934(f) |
DOL-but see 29 C.F.R. Part 37, §§ 629.51, 637.11 |
If you know of any changes to the law not shown on this chart, let us know.
When you shop around for an attorney, look for attorneys who have experience in employment matters, such as the members of the National Employment Lawyers Association (NELA).
The Truckers Justice Center handles cases for truckers nationwide. It may be contacted at: 900 West 128th Street, Suite 101, Burnsville, MN 55337, 651-454-5800, Fax 775.402.7561, http://www.truckersjustice.com/Trucking.shtml
Public Employees for Environmental Responsibility (PEER)
conducted a state-by-state survey of laws protecting public
employees. Its survey provided much of the useful information on
the companion page of state laws.
2000 P Street NW, Suite 240
Washington, DC 20036
(202) 265-7337
Fax: (202) 265-4192
email: info@peer.org
http://www.peer.org/state/index.php