September 21, 2011

OSHA Finds Company in Violation SOX Whistleblower Protection Provisions

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has ordered Bond Laboratories Inc. and former CEO Scott Landow in re-hire and compensate an employee after allegedly violating whistleblower protection provisions of the Sarbanes-Oxley Act (SOX).

The employee, a corporate officer, filed a complaint alleging he/she (DOL does not release names of employees involved in whistleblower complaints) was terminated for objecting to the manipulation of sales figures that misrepresented the company’s value to potential investors. OSHA determined that the complainant repeatedly objected to this practice between March and October 2008, and that the objections contributed to the decision to terminate the complainant.

The company and Landow have been ordered to re-hire the employee and pay approximately $500,000 in back wages, interest, and compensatory damages.

The complainant, Bond Laboratories and Landow can appeal the monetary damages to the Labor Department’s Office of Administrative Law Judges within 30 days of receiving the findings. Bond Laboratories, based in Omaha, Neb., manufactures nutritional supplement beverages and related products for public consumption.

 

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