The Government Accountability Project and Zuckerman Law have submitted a rulemaking petition to the Department of Labor (DOL) asking it to strengthen prohibitions against companies using gag clauses in policies and agreements that undermine federal whistleblower protection laws.
The petition requests that DOL issue a rule prohibiting employers from including de facto gag clauses in settlement agreements, and clarifying that an attempt to implement or enforce direct or indirect restraints that would have a chilling effect on protected activity or access to DOL-enforced remedies is per se illegal discrimination under relevant whistleblower statutes. This Petition also requests that DOL evaluate the prevalence of de facto gag clauses in settlement agreements that DOL approves in whistleblower cases. Finally, this petition requests that DOL formulate guidance prohibiting such clauses.
Check out the full petition HERE and the press release for more information!