Procedures for the Handling of Retaliation Complaints Under the Anti-Money Laundering Act of 2020 (AMLA)
Published Date: 1/14/2025
Rule
Summary
Starting January 14, 2025, workers who report money laundering or related wrongdoing get clear steps to protect them from retaliation. OSHA will handle complaints, investigate, and offer fair hearings if needed, making sure whistleblowers have a strong voice. This new rule helps keep workplaces honest and safe, with a comment period open until March 17, 2025.
Analyzed Economic Effects
7 provisions identified: 3 benefits, 4 costs, 0 mixed.
Strong financial remedies for whistleblowers
If you report money-laundering or related wrongdoing at work and prevail, OSHA can order reinstatement, double back pay with interest, and compensatory damages including litigation costs, expert witness fees, and reasonable attorney fees. OSHA may also order front pay instead of reinstatement and will calculate interest by compounding daily using the IRS underpayment rate under 26 U.S.C. 6621.
Bank and credit union employees excluded
Employees of employers covered by section 33 of the Federal Deposit Insurance Act or sections 213 or 214 of the Federal Credit Union Act are excluded from the AMLA anti‑retaliation protections described in this rule. Those employees remain subject to the separate anti‑retaliation protections in those statutes instead of AMLA.
90‑day deadline to file complaints
You must file a retaliation complaint with OSHA within 90 days of when your employer's adverse decision is made and communicated to you. Complaints can be oral or written, may be filed in any language, and OSHA may toll the 90‑day period in limited circumstances.
Arbitration clauses cannot block AMLA claims
No predispute arbitration agreement can require arbitration of a dispute arising under the AMLA anti‑retaliation provision. That means you can pursue an AMLA retaliation claim in federal or administrative forums rather than being forced into arbitration.
District court option after 180 days
If the Secretary has not issued a final decision within 180 days after you file an AMLA complaint and the delay is not due to your bad faith, you may bring the retaliation claim in the appropriate U.S. district court. In district court either party may request a jury trial and there is no amount‑in‑controversy requirement.
OSHA dismissals may not be ALJ‑reviewable
OSHA's decision to dismiss a complaint without investigation or to discontinue an incomplete investigation is discretionary and not subject to review by the Administrative Law Judge. That means you may not get an ALJ hearing if OSHA decides not to investigate further.
Small fee award if complaint is frivolous
If the Secretary finds that a complaint was frivolous or brought in bad faith, the employer may be awarded reasonable attorney fees not exceeding $1,000. This creates a limited financial risk for complainants whose claims are found frivolous.
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